Res Communis

More than a quarter of the House urged President Barack Obama not to include aviation user fees in his 2012 budget in a letter Jan. 21.

The letter, signed by 116 members of Congress, expressed support for the current system of funding for the FAA and said that inclusion of user fees in the Fiscal Year 2012 budget “would be a step backward in our efforts to modernize our air traffic control system and fund FAA operations.” The bipartisan effort was led by Rep. Tom Petri (R-Wis.), chairman of the House aviation subcommittee, and Rep. Jerry Costello (D-Ill.), ranking member of the subcommittee. Signatories hoped to duplicate the success of a similar letter sent in 2009 that had 118 signatures. [Full story]

The FAA said last week it will take a fresh look at a longstanding rule that exempts aircraft operated by the federal government from most FAA regulations. “The statute is vague,” said John Allen, the FAA official who oversees flight standards. “It is very confusing.” Problems arise especially when Part 135 operators work under contract to a federal agency, according to Helicopter Association International, which hosted last week’s forum. The FAA will issue a new Advisory Circular soon to clarify the issue, according to HAI. Allen said the agency plans to consider all contracted operations as civil operations by default. Operators and the FAA must be notified in advance, on a flight-by-flight basis, if public-aircraft status applies.

Allen also said it will be up to the FAA to determine if flights can be classified as a “legitimate public-aircraft operations” under the terms of the current statute. The NTSB raised questions about the practice of operating “public aircraft” during its recent investigation of a fatal helicopter crash in California during firefighting operations. “Public aircraft have been made the orphans of the aviation industry,” said NTSB chair Deborah Hersman. “It’s now time for the FAA and other government agencies to step up and take responsibility.” About 100 people attended the HAI forum in Alexandria, Va., last Thursday, with 200 more taking part via a live webcast. The Powerpoints from the NTSB and FAA speakers are posted at the HAI site. Allen welcomed further comment from the public via email.

City officials said the aircraft could overshoot the runway and crash into residential neighborhoods. The U.S. Court of Appeals backs the FAA’s decision to halt the ban.

Efforts to ban high-performance jets from Santa Monica Municipal Airport suffered another setback Friday when an appeals court ruled in favor of a federal order permitting such aircraft to use the popular facility.

The U.S. Court of Appeals in Washington rejected a request by the city to review the Federal Aviation Administration decision to disallow a ban on jets with fast landing speeds.

The Santa Monica City Council had voted for the ban in late 2007. The restriction would have prohibited jets with approach speeds of 139 to 191 mph from operating at the airport. The banned aircraft would have included larger and more powerful Gulfstreams, Bombardier Challengers and Cessna Citations. [Full story]

Aviation Law after September 11th:

Passengers Rights and Aviation National Security

Tuesday 22nd March 2011

Sheraton Miami Airport & Executive Meeting Center

Miami, FL, USA

Sponsored by

Ravich Law Firm, P.A.

Workshop Leader:

Timothy M. Ravich, Esq, Founding Partner of Ravich Law Firm, P.A.

Workshop Themes:

Historical Background

- Aviation Travel Rights

- Airline Passenger Rights

- “Rates, Routes, and Services”

Consumer Protection and Aviation Security

- Delays, Bumping, etc. – Contracts versus Tort Remedies

- Profiling, Searches and the “No-Fly” List

International Liability Treaties

- Warsaw/Montreal Conventions – History and Background

- Preemption Issues

- Jurisdictional Issues, “Fifth Jurisdiction,” and Forum Non Conveniens

- Damages for Terrorist Events

- Open Skies and Cabotage Rights

Hijackings, Terrorism and Civil Rights

- Interference with Flight Crew

- Fourth Amendment Rights

For the Workshop Agenda and to Register, please visit

www.aeropodium.com/law/aviationlaw.html

WASHINGTON – The Federal Aviation Administration (FAA) has finalized a rule that requires non-scheduled charter airlines and air taxis to train pilots and flight attendants in Crew Resource Management (CRM), a well-established concept that helps reduce human error in commercial aviation by teaching pilots, flight attendants and other aviation workers to act as a team.

Air carriers affected by the final rule must establish initial and recurrent CRM training for crewmembers within two years of the effective date of the rule. The training must address the captain’s authority; intra-crew communications; teamwork; managing workload, time, fatigue and stress; and decision-making skills.

This final rule responds to a 2003 National Transportation Safety Board recommendation that is currently on the Board’s “Most Wanted” list of safety improvements.

At the request of FAA, the Federal Communications Commission last week formally halted a prohibition on the certification, manufacture, sale or use of emergency locator transmitters (ELT) that use the 121.5 MHz frequency.

The Aircraft Owners and Pilots Association supported the move, saying a ban on 121.5 MHz ELTs could have caused a shortage of 406 MHz ELTs. The association, which had urged the agency to reconsider the prohibition, says, “This reversal is evidence that a coordinated effort from the aviation community can effect change and prevent a harmful proposal from becoming law.” The association acknowledges the benefits of the more advanced ELTs, but says the benefits must be balanced against the cost and needs of individual aircraft owners.