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NATA News
 NATA News

##Date##                                                                                                Volume 8 Issue 36

 

NATA is the National Air Transportation Association 

Founded in 1940, NATA aggressively promotes safety and the success of aviation service businesses through its advocacy efforts before government, the media and the public as well as by providing valuable programs and forums to further its members’ prosperity.

 

 
 
 
 
 
 
 
 
 

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Upcoming Events

Commercial Operators & Management Tax Seminar - San Antonio, TX - September 23-24, 2009

Advanced Line Service Supervisor Training - San Diego, CA - September 23-24, 2009

Line Service Supervisor Training - Pittsburgh, PA- December 2, 2009

Safety 1st Trainer - Pittsburgh, PA- December 4, 2009

 

Professional Line Service Training 

 

PLST Online provides the most up-to-date training available for line service specialists – 24 hours a day, 7 days a week. Line service supervisors can conduct the new PLST Online training anytime and from anywhere there is access to the Web.   
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139 Fire Safety Training Online

This training not only meets and exceeds the requirements of 14 CFR 139.321 but also allows you to interact with other students in a group learning environment, receive the very latest NFPA news, watch live training presentations and much more.

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Topics in this Volume:
 
Ø
Ø NTSB Rules For Air Trek Against FAA
Ø New Recommendations Made For HEMS Safety
Ø President’s Address To Congress Spurs Flight Restrictions
Ø G-20 Summit TFR Revised
Ø FAA Releases Flight Training NPRM
Ø EPA Releases Proposed Effluent Limitation Guidelines For De-icing Activities
Ø House Committee Scrutinizes Health Insurance Company Practices Of Terminating Small Businesses
Ø GA Serves America Campaign Rolls To Napa, CA, On October 6
Ø Reminder: Have You Completed NATA’s FAA Standardization Survey?
Ø NATF Offers Three Great Scholarships
Ø Are You Ready For An IRS FET Audit Of Your Charter And Aircraft Management Business?
Ø Advanced Line Service Supervisor Training (ALSST) Preview Available At www.nata.aero
Ø Follow NATA On Twitter Or Become A Fan On Facebook For Updates And Special Offers
Ø Complete NATA’s Event Preferences Survey For A Chance To Win
Ø NATA Weekly Survey
Ø Environmental Fact of the Week 

 

New York Airspace Task Force Recommends Changes To Hudson River Airspace
The FAA has announced the recommended changes to the Hudson River Airspace proposed by the New York Airspace Task Force. According to the FAA, the proposed changes would:

“…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.

 

 
NTSB Rules For Air Trek Against FAA
A ruling from a National Transportation Safety Board (NTSB) law judge appears to close the books on a long, contentious battle between the FAA and Part 135 on-demand operator Air Trek. Air Trek was successful in defending itself from an FAA order to revoke its certificate earlier this year, and last week was awarded over $120,000 to cover attorney fees and expenses under the Equal Access to Justice Act. (EAJA)

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.

 

 
New Recommendations Made For HEMS Safety
The National Transportation Safety Board (NTSB) has issued 19 recommendations related to helicopter emergency medical services (HEMS)) intended to improve the safety of these operations.

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.

 

 
President’s Address To Congress Spurs Flight Restrictions
On September 9, President Obama will address a joint session of Congress. As a result, additional security measures are being implemented that will modify the Washington Special Flight Rules Area (SFRA) and the Washington Flight Restriction Zone (FRZ).

The FAA has published a Flight Advisory explaining the enhanced security measures and lists the various NOTAMS that relate to this special event.

Operations in the Washington, DC area will be significantly restricted before, during and immediately after the President’s address. Any operators planning flights in the area for September 9 should obtain and review the advisory and applicable NOTAMS to ensure compliance.

Download the Flight Advisory.

 

 
G-20 Summit TFR Revised
The FAA has revised the Flight Advisory explaining the planned airspace and operational restrictions that will be established around Pittsburgh, PA, for the duration of the G-20 summit. It is possible that additional revisions will be made. Operators are reminded to ensure that the current NOTAM is reviewed prior to initiating flight in the affected area.

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.

 

 
FAA Releases Flight Training NPRM
On September 1, 2009, the FAA released a Notice of Proposed Rulemaking (NPRM) related to flight training. This NPRM addresses several issues that have been of concern to NATA and its Flight Training Committee for the past several years, including the requirement for complex aircraft training for commercial pilot certification.

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.

 

 
EPA Releases Proposed Effluent Limitation Guidelines For De-icing Activities
The U.S. Environmental Protection Agency (EPA) recently released a Notice of Proposed Rulemaking (NPRM) titled “Effluent Limitation Guidelines and New Source Performance Standards for the Airport Deicing Category.” This proposed rule would affect primary commercial service airports with more than 1000 annual jet aircraft departures by regulating wastewater resulting from de-icing activities. Depending on the amount of aircraft de-icing fluid used, airports would be required to collect 20 or 60 percent of available aircraft de-icing fluid and treat the waste to reduce its overall effect on the environment.

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.

 

 
House Committee Scrutinizes Health Insurance Company Practices Of Terminating Small Businesses
Representative Henry A. Waxman (D-CA), Chairman of the U.S. House of Representatives Committee on Energy and Commerce, and Rep. Bart Stupak (D-MI), Chairman of the Subcommittee on Oversight and Investigations, sent letters to six health insurance companies requesting information about the practice of "purging" small businesses when their health insurance claims increased due to employees becoming ill. Chairman Waxman stated that the committee is looking into the practice and “We need to better understand how widespread this harmful and destructive practice has become, and how it is impacting small businesses and their employees across the country."

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.

 

 
GA Serves America Campaign Rolls To Napa, CA, On October 6
The General Aviation Serves America campaign will be making a stop at Napa County Airport on October 6 for a town hall meeting featuring NATA President James Coyne and AOPA President Craig Fuller. The meeting will be hosted by NATA member company Bridgeford Flying Services, and is being sponsored by the Napa Airport Pilots Association, the local EAA Chapter 167 and the Napa County Airport.

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

For more information, please contact Eric R. Byer.

 

 
Reminder: Have You Completed NATA’s FAA Standardization Survey?
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 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 Offers Three Great Scholarships
The National Air Transportation Foundation's (NATF) mission is to enhance the safety and quality of service provided to the flying public by assisting deserving individuals to reach their academic and flight training goals. One way of achieving this mission is through scholarships.

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.

 

 
Are You Ready For An IRS FET Audit Of Your Charter And Aircraft Management Business?
The Commercial Operators Tax Seminar Can Help!
In the past year, at least three air charter operators were told during an IRS audit that federal excise taxes (FET) apply to the Part 91 operations flown by an owner of an aircraft that was also used under Part 135. Two of those operators successfully argued that these flights were not subject to FET. One has so far been unable to dispute the issue successfully.

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.

 

 
Advanced Line Service Supervisor Training (ALSST) Preview Available At www.nata.aero
Want to know why the ALSST Seminar is a must-attend event for line supervisors/managers, line service technicians, FBO owners/operators, and fuel company representatives? Visit the Advanced Line Service Supervisor Training event page to see a recording of the free August 26 seminar preview. Presenters Frank Surface and Walter Chartrand guided webinar participants through an overview of the seminar topics, explained the importance of advanced training and answered questions regarding course material and who should attend. Higher education is as important to the success of your operation as additional information is to the decision-making process for your training program.

Click here to see the preview video and to register for the September 23-24 ALSST seminar in San Diego.

Send a message to webinars@nata.aero to receive invitations for future webinars.

 

 
Follow NATA On Twitter Or Become A Fan On Facebook For Updates And Special Offers
Make social media your go-to source for industry and association updates. NATA has joined a number of our members such as Duncan Aviation, Cutter Aviation, Priester Aviation and DB Aviation as a member of the Twitter and Facebook communities. Thank you to those who have recently joined us on Twitter and Facebook!

If you haven’t already, we encourage you to follow NATAaero on Twitter and become a fan of the National Air Transportation Association on Facebook for an immediate pulse on association news and events, access to special offers and resources as well as information about product and service launches, member news and other news of interest.

 
 

 
Complete NATA’s Event Preferences Survey For A Chance To Win
Be A Part Of Our 2010 Online Training And Seminar Planning

Please take just a few moments to complete the NATA Event Preference Survey. The information collected will help us in our training, seminar and events planning. NATA strives to offer the highest quality educational opportunities, in the appropriate format, at the best locations and during the most convenient times. Help us to achieve this mission. Complete the survey, and to show our appreciation you will be entered to win a $50 gift certificate toward any NATA training product or training event. The survey must be completed by September 30 and the winner of the gift certificate will be announced in an upcoming issue of NATA News and on NATA’s Twitter and Facebook pages.

Complete the survey

 

 

 
NATA Weekly Survey
NATA’s weekly surveys are part of an effort to obtain more information from our members to serve their daily needs better. These surveys range from specific policy topics to programs, products and services that the association provides or should provide. The association strongly encourages members to take a few moments to review and complete this online survey in each week’s edition of NATA News.

Question:
Do you agree with the FAA’s recommended changes for the Hudson River airspace?

Participate in survey.

 
 

 
Environmental Fact of the Week
NATA’s quick facts on the aviation industry's effect on the environment are designed to ensure that members take every step necessary to minimize the effect aviation has on the environment while recognizing the initiatives the industry has taken to reduce global warming.

As noted in last week’s Environmental Fact of the Week, the U.S. Environmental Protection Agency (EPA) has released a proposed rule, Effluent Guideline Limitations (ELG), which would regulate wastewater associated with aircraft de-icing activities at primary commercial service airports. One of the key regulatory tools in the proposed ELG is the capping of Chemical Oxygen Demand (COD), both on a daily limit and a weekly average, of collected wastewater from de-icing activities. COD is a process that attempts to measure the amount of organic material in a sample of water indirectly by directly measuring the amount of oxygen required when the material decomposes.

Organic material in surface water is an environmental concern because as that material decomposes it does so by a process known as oxidation. During oxidation, oxygen from the surrounding environment is used to break the organic compound down into CO2 and nitrites. When oxidation of an organic compound, such as some of the major components of de-icing fluid, occur in a body of water the required oxygen is drawn directly from the dissolved oxygen store of the water. This removal of dissolved oxygen, along with decomposition products such as nitrates or ammonia, can quickly make waters polluted by organic material inhospitable to aquatic life.

By regulating the maximum amount of COD in wastewaters associated with de-ice activities, the EPA is attempting to reduce the amount of organic material released into the environment. COD can be lowered by several means including the modification of the initial chemicals (environmental friendly de-ice fluids) or by treatment of wastewaters.

NATA’s Regulatory Report on the EPA’s proposed ELG for de-icing activities can be found here.

 

 

Visit us anytime at www.nata.aero


National Air Transportation Association
4226 King Street
Alexandria, VA 22302
Phone: (800)808-6282
Fax: (703)845-8176
 

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