Fact Sheet:

July 14, 2011 at 10:23 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

Source – State Department:

Air Navigation Services Agreement

Fact Sheet
Office of the Spokesperson
Washington, DC
July 13, 2011

Secretary of State Hillary Rodham Clinton and Russian Foreign Minister Sergey Lavrov today announced the signing of an Air Navigation Services (ANS) Agreement between the Federal Aviation Administration (FAA) and the State Air Traffic Management Corporation of the Russian Federation (ATM Corporation), which will increase U.S. – Russia air traffic control and navigation cooperation. This agreement is yet another step being taken to enhance cooperation on civil aviation between the U.S. and Russia and to increase the safety and capacity of air travel between our respective countries.

Under this agreement, the FAA and ATM Corporation will be able to initiate and participate in joint programs, including in the fields of Communications, Navigation, Surveillance, Air Traffic and Air Navigation Facilities, and Air Traffic Management. Also provided for under this agreement is the creation of a system of coordination and communication between the FAA David J. Hurley Air Traffic Control System Command Center (ATCSCC) in Warrenton, Virginia, and the State ATM Corporation’s Main Air Traffic Management Center (MATMC) in Moscow for the purpose of coordinating and managing the flow of air traffic between the U.S. and Russia. Specifically, the cooperation between ATCSCC and MATMC will cover:

Communication and coordination between the ATCSCC and the MATMC on Air Traffic Flow Management (ATFM) matters.
Identification and periodic review of specific common ATFM requirements between the Russian Federation and the United States.
Coordination between the above-referenced centers and air operators regarding air traffic flow planning on the Cross-Polar and Trans-East air traffic route systems.
Exchange of information on ATFM-related issues of mutual interest to both parties.

PRN: 2011/1176

S. 1335: A bill to amend title 49, United States Code, to provide rights for pilots, and for other purposes

July 7, 2011 at 10:41 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

S. 1335: A bill to amend title 49, United States Code, to provide rights for pilots, and for other purposes was introduced on July 6, 2011 by Sen. James Inhofe (R-OK).

H.R. 2279: Airport and Airway Extension Act of 2011, Part III – enacted

July 5, 2011 at 12:18 pm | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

H.R. 2279: Airport and Airway Extension Act of 2011, Part III was signed into law by President Obama on June 29, 2011. It became Public Law 112-21:

H.R.2279

One Hundred Twelfth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the fifth day of January, two thousand and eleven

An Act

To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend the airport improvement program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Airport and Airway Extension Act of 2011, Part III’.

SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.

(a) Fuel Taxes- Subparagraph (B) of section 4081(d)(2) of the Internal Revenue Code of 1986 is amended by striking `June 30, 2011′ and inserting `July 22, 2011′.

(b) Ticket Taxes-

(1) PERSONS- Clause (ii) of section 4261(j)(1)(A) of the Internal Revenue Code of 1986 is amended by striking `June 30, 2011′ and inserting `July 22, 2011′.

(2) PROPERTY- Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking `June 30, 2011′ and inserting `July 22, 2011′.

(c) Effective Date- The amendments made by this section shall take effect on July 1, 2011.

SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY.

(a) In General- Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 is amended–

(1) by striking `July 1, 2011′ and inserting `July 23, 2011′; and

(2) by inserting `or the Airport and Airway Extension Act of 2011, Part III’ before the semicolon at the end of subparagraph (A).

(b) Conforming Amendment- Paragraph (2) of section 9502(e) of such Code is amended by striking `July 1, 2011′ and inserting `July 23, 2011′.

(c) Effective Date- The amendments made by this section shall take effect on July 1, 2011.

SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

(a) Authorization of Appropriations-

(1) IN GENERAL- Section 48103 of title 49, United States Code, is amended by striking paragraph (8) and inserting the following:

`(8) $2,840,890,411 for the period beginning on October 1, 2010, and ending on July 22, 2011.’.

(2) OBLIGATION OF AMOUNTS- Subject to limitations specified in advance in appropriation Acts, sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2011, and shall remain available until expended.

(3) PROGRAM IMPLEMENTATION- For purposes of calculating funding apportionments and meeting other requirements under sections 47114, 47115, 47116, and 47117 of title 49, United States Code, for the period beginning on October 1, 2010, and ending on July 22, 2011, the Administrator of the Federal Aviation Administration shall–

(A) first calculate funding apportionments on an annualized basis as if the total amount available under section 48103 of such title for fiscal year 2011 were $3,515,000,000; and

(B) then reduce by 7 percent–

(i) all funding apportionments calculated under subparagraph (A); and

(ii) amounts available pursuant to sections 47117(b) and 47117(f)(2) of such title.

(b) Project Grant Authority- Section 47104(c) of such title is amended by striking `June 30, 2011,’ and inserting `July 22, 2011,’.

SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.

(a) Section 40117(l)(7) of title 49, United States Code, is amended by striking `July 1, 2011.’ and inserting `July 23, 2011.’.

(b) Section 44302(f)(1) of such title is amended–

(1) by striking `June 30, 2011,’ and inserting `July 22, 2011,'; and

(2) by striking `September 30, 2011,’ and inserting `October 31, 2011,’.

(c) Section 44303(b) of such title is amended by striking `September 30, 2011,’ and inserting `October 31, 2011,’.

(d) Section 47107(s)(3) of such title is amended by striking `July 1, 2011.’ and inserting `July 23, 2011.’.

(e) Section 47115(j) of such title is amended by striking `July 1, 2011,’ and inserting `July 23, 2011,’.

(f) Section 47141(f) of such title is amended by striking `June 30, 2011.’ and inserting `July 22, 2011.’.

(g) Section 49108 of such title is amended by striking `June 30, 2011,’ and inserting `July 22, 2011,’.

(h) Section 161 of the Vision 100–Century of Aviation Reauthorization Act (49 U.S.C. 47109 note) is amended by striking `July 1, 2011,’ and inserting `July 23, 2011,’.

(i) Section 186(d) of such Act (117 Stat. 2518) is amended by striking `July 1, 2011,’ and inserting `July 23, 2011,’.

(j) The amendments made by this section shall take effect on July 1, 2011.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

State Department: Replacement of Destroyed Aircraft (Taken Question)

June 22, 2011 at 9:54 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

Source – State Department:

Question
Replacement of Destroyed Aircraft (Taken Question)

Taken Question
Office of the Spokesperson
Washington, DC

Question Taken at the June 20, 2011 Daily Press Briefing
June 20, 2011

QUESTION: Has the Government of Pakistan requested that the U.S. replace the two aircraft destroyed in the attack on the Pakistani Naval Base? What is the status of that request?

ANSWER: The United States has used U.S. military assistance to refurbish and upgrade P-3C aircraft that were provided to Pakistan under the Excess Defense Articles (EDA) program in the past. Discussions concerning the provision of additional military equipment under the EDA program are ongoing.

PRN: 2011/1020

H.R. 2179: To amend title 49, United States Code, to direct the Assistant Secretary of Homeland Security (Transportation Security Administration) to transfer unclaimed money recovered at airport security checkpoints to United Service Organizations, Incorporated, and for other purposes

June 20, 2011 at 10:23 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

H.R. 2179: To amend title 49, United States Code, to direct the Assistant Secretary of Homeland Security (Transportation Security Administration) to transfer unclaimed money recovered at airport security checkpoints to United Service Organizations, Incorporated, and for other purposes was introduced on June 14, 2011 by Rep. Jeff Miller (R-FL1):

HR 2179 IH

112th CONGRESS

1st Session

H. R. 2179

To amend title 49, United States Code, to direct the Assistant Secretary of Homeland Security (Transportation Security Administration) to transfer unclaimed money recovered at airport security checkpoints to United Service Organizations, Incorporated, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 14, 2011

Mr. MILLER of Florida introduced the following bill; which was referred to the Committee on Homeland Security

A BILL

To amend title 49, United States Code, to direct the Assistant Secretary of Homeland Security (Transportation Security Administration) to transfer unclaimed money recovered at airport security checkpoints to United Service Organizations, Incorporated, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. DISPOSITION OF UNCLAIMED MONEY RECOVERED AT AIRPORT SECURITY CHECKPOINTS.

(a) Donation to USO- Section 44945 of title 49, United States Code, is amended by striking `shall be retained by the Transportation Security Administration’ and all that follows before the period at the end and inserting `shall be annually transferred, without further appropriation, by the Assistant Secretary of Homeland Security (Transportation Security Administration) to United Service Organizations, Incorporated, to provide funding for its activities in support of USO airport centers’.

(b) Annual Report- Section 515(b) of the Department of Homeland Security Appropriations Act, 2005 (118 Stat. 1318) is amended by striking `and specifically how the unclaimed money is being used to provide civil aviation security’ and inserting `and the amount of unclaimed money transferred to United Service Organizations, Incorporated, and the dates of such transfers’.

FAA Signs Agreement with Mongolia

June 20, 2011 at 9:59 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

Source – FAA:

FAA Signs Agreement with Mongolia

FAA Signs Agreement with Mongolia The U.S. Department of Transportation’s Federal Aviation Administration (FAA) and the Civil Aviation Authority of Mongolia intend to develop civil aeronautics and air commerce safety through technical assistance and training through a Memorandum of Agreement (MOA) signed on June 16, 2011. This formal bilateral relationship, the first of its kind between the two countries, is an opportunity to enhance safety and improve system capacity in Mongolia. Aviation is an important element of the Government of Mongolia’s efforts to broaden ties within the region and around the world for the landlocked country. The FAA may provide technical and managerial expertise to assist Mongolia in developing, modernizing, operating and maintaining its civil aviation infrastructure, standards, procedures, policies, training and equipment, as well as provide training to personnel from Mongolia under the MOA.

HR 1893: Airport and Airway Extension Act of 2011, Part II – Passed

June 1, 2011 at 9:49 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

HR 1893: Airport and Airway Extension Act of 2011, Part II was signed into law by the President on May 31, 2011. The final enrolled bill reads:

H.R.1893

One Hundred Twelfth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the fifth day of January, two thousand and eleven

An Act

To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend the airport improvement program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Airport and Airway Extension Act of 2011, Part II’.

SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.

(a) Fuel Taxes- Subparagraph (B) of section 4081(d)(2) of the Internal Revenue Code of 1986 is amended by striking `May 31, 2011′ and inserting `June 30, 2011′.

(b) Ticket Taxes-

(1) PERSONS- Clause (ii) of section 4261(j)(1)(A) of the Internal Revenue Code of 1986 is amended by striking `May 31, 2011′ and inserting `June 30, 2011′.

(2) PROPERTY- Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking `May 31, 2011′ and inserting `June 30, 2011′.

(c) Effective Date- The amendments made by this section shall take effect on June 1, 2011.

SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY.

(a) In General- Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 is amended–

(1) by striking `June 1, 2011′ and inserting `July 1, 2011′; and

(2) by inserting `or the Airport and Airway Extension Act of 2011, Part II’ before the semicolon at the end of subparagraph (A).

(b) Conforming Amendment- Paragraph (2) of section 9502(e) of such Code is amended by striking `June 1, 2011′ and inserting `July 1, 2011′.

(c) Effective Date- The amendments made by this section shall take effect on June 1, 2011.

SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

(a) Authorization of Appropriations-

(1) IN GENERAL- Section 48103 of title 49, United States Code, is amended by striking paragraph (8) and inserting the following:

`(8) $2,636,250,000 for the 9-month period beginning on October 1, 2010.’.

(2) OBLIGATION OF AMOUNTS- Subject to limitations specified in advance in appropriation Acts, sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2011, and shall remain available until expended.

(3) PROGRAM IMPLEMENTATION- For purposes of calculating funding apportionments and meeting other requirements under sections 47114, 47115, 47116, and 47117 of title 49, United States Code, for the 9-month period beginning on October 1, 2010, the Administrator of the Federal Aviation Administration shall–

(A) first calculate funding apportionments on an annualized basis as if the total amount available under section 48103 of such title for fiscal year 2011 were $3,515,000,000; and

(B) then reduce by 15 percent–

(i) all funding apportionments calculated under subparagraph (A); and

(ii) amounts available pursuant to sections 47117(b) and 47117(f)(2) of such title.

(b) Project Grant Authority- Section 47104(c) of such title is amended by striking `May 31, 2011,’ and inserting `June 30, 2011,’.

SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.

(a) Section 40117(l)(7) of title 49, United States Code, is amended by striking `June 1, 2011.’ and inserting `July 1, 2011.’.

(b) Section 44302(f)(1) of such title is amended–

(1) by striking `May 31, 2011,’ and inserting `June 30, 2011,'; and

(2) by striking `August 31, 2011,’ and inserting `September 30, 2011,’.

(c) Section 44303(b) of such title is amended by striking `August 31, 2011,’ and inserting `September 30, 2011,’.

(d) Section 47107(s)(3) of such title is amended by striking `June 1, 2011.’ and inserting `July 1, 2011.’.

(e) Section 47115(j) of such title is amended by striking `June 1, 2011,’ and inserting `July 1, 2011,’.

(f) Section 47141(f) of such title is amended by striking `May 31, 2011.’ and inserting `June 30, 2011.’.

(g) Section 49108 of such title is amended by striking `May 31, 2011,’ and inserting `June 30, 2011,’.

(h) Section 161 of the Vision 100–Century of Aviation Reauthorization Act (49 U.S.C. 47109 note) is amended by striking `June 1, 2011,’ and inserting `July 1, 2011,’.

(i) Section 186(d) of such Act (117 Stat. 2518) is amended by striking `June 1, 2011,’ and inserting `July 1, 2011,’.

(j) The amendments made by this section shall take effect on June 1, 2011.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

FAA – DOT to Provide Greater Public Access to General Aviation Flight Information

May 31, 2011 at 7:52 am | Posted in Aviation Law | Leave a comment

by Sara M. Langston with the blog faculty

Source: FAA 

Press Release – DOT to Provide Greater Public Access to General Aviation Flight Information

May 27, 2011

Contact: FAA Press Office
Phone: (202) 267-3883


The public will soon have greater access to on-line information about the flight paths of general aviation aircraft, U.S. Transportation Secretary Ray LaHood announced today.  The change will be effective 60 days from publication in the Federal Register.

Operators of general aviation aircraft no longer will be able to cite privacy as a reason to prevent the public from viewing their flight information on Internet sites that show the registration number, flight path, departure point and destination, and flight length for all aircraft operations over the United States.  In the future, the Federal Aviation Administration (FAA) will block public viewing of this information only after the operators certify that they have a valid security concern.  As before, neither the sites nor the aircraft owner or operator will disclose the identity of persons on the flight, the purpose of the flight or the reason for the security concern.

“This action is in keeping with the Obama administration’s commitment to transparency in government,” Secretary LaHood said.  “Both general aviation and commercial aircraft use the public airspace and air traffic control facilities, and the public has a right to information about their activities.”

Since 1997, air carriers, corporations that own and operate aircraft, professional aviation organizations and government agencies have had access to the real-time flight information of both airlines and general aviation through the Aircraft Situational Display to Industry (ASDI) and National Airspace System Status Information (NASSI) websites.  Other members of the public have been able to subscribe to this information with the data delayed five minutes for security reasons.  While commercial air carriers’ schedules are available to the public, the operations of general aviation aircraft cannot be tracked except through one of these electronic systems.

In the future, the only way operators and owners of general aviation aircraft will be able to block displays of their flight information is by providing the FAA written certification that revealing this to the public would pose a valid security threat.

Today’s amendment makes final a proposal issued on March 1.

S. 1092: A bill to address aviation security in the United States by bolstering passenger and air cargo screening procedures, to ensure that purchases of screening technologies are thoroughly evaluated for the best return on investment of the taxpayer’s money, and for other purposes

May 27, 2011 at 9:32 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

S. 1092: A bill to address aviation security in the United States by bolstering passenger and air cargo screening procedures, to ensure that purchases of screening technologies are thoroughly evaluated for the best return on investment of the taxpayer’s money, and for other purposes was introduced on May 26, 2011 by Sen. Thomas Carper (D-DE).

U.S.-Russia MOU on Civil Aviation

May 26, 2011 at 9:44 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

Source – The White House:

The White House

Office of the Press Secretary
For Immediate Release
May 26, 2011
FACT SHEET: U.S.-Russia Agreements and Joint Statements

On the occasion of the meeting in Deauville France between President Obama and the President of the Russian Federation, Dmitriy Medvedev, the White House is pleased to announce the following agreements between the United States and Russia: . . .

. . . Memorandum of Understanding on Cooperation in Civil Aviation Security
The Presidents announced an agreement that establishes a framework for reciprocal civil aviation security assessments at international airports where airlines operate service between the territories of the United States and the Russian Federation. This includes the observation of each country’s aviation security activities and the exchange of security threat information to civil aviation, in support of bilateral efforts to enhance civil aviation security. . . .

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