All posts tagged 'faa' - Page 9

New FAA Copilot Rule is Now in Effect

David W. Thornton

A new Federal Aviation Administrationrule that requires copilots on U.S. airlines to have additional training and flight experience is now in effect. The final rule, required by the Airline Safety and Federal Aviation Administration Extension Act of 2010, was published in the Federal Register on July 15, 2013.

Previously, first officers on scheduled airline flights were only required to hold a commercial pilot license. The commercial license requires a total of 250 hours flight time. Under the new rule, airline first officers are required to hold an airline transport pilot license. The ATP requires 1,500 hours of flight time. Pilots must be at least 23 years old to earn an ATP.

For more information on this rule, see David Thornton’s article here

What Are An Airman's Options After The FAA Denies A Medical Application Based Upon A Disqualifying Condition?

When the FAA denies an airman's application for a medical certificate based upon an admitted condition that is disqualifying under 14 C.F.R. Part 67 (e.g. heart disease, epilepsy, bipolar disorder, diabetes requiring insulin, etc.), an appeal will, in almost all cases, be unsuccessful. In that situation, the airman has the burden of proving that the airman is qualified to hold a medical certificate. That's a tough thing to accomplish if the airman has already admitted that he or she has a condition that is specifically identified as disqualifying under the regulations.

If an airman is denied based upon a disqualifying condition, but the airman believes he or she is otherwise qualified, the airman should request that the FAA grant a special issuance medical certificate pursuant to 14 C.F.R. §§ 67.115, 67.215 or 67.315 (depending upon the class of medical for which the airman is applying). A special issuance is a medical certificate that has limitations and/or conditions with which the airman must comply in order for the certificate to be valid. The conditions/limitations will often include regular testing or evaluation, test results within acceptable ranges, no changes in medication etc.

If the FAA refuses to grant an airman's request for a special issuance, the airman may appeal that denial to the NTSB. However, since the Board defers to the FAA's discretion in denying a special issuance, the only way to be successful is to show that the FAA's denial is arbitrary or capricious. For example, if a denied airman can prove that the FAA has granted a special issuance in circumstances that are very similar to or identical with those of the airman, then an ALJ may be convinced that the FAA's denial in the airman's case is arbitrary or capricious. As a practical matter, however, this can be a very difficult task.

If you have a medical condition that may disqualify you from obtaining a medical certificate, get help before you apply for your medical certificate. Talk to an aviation attorney or the medical certification professionals at AOPA or NBAA. By taking a pro-active approach and getting help, you will be able to "pick your battles" wisely to maximize your chances of successfully obtaining a medical certificate.

No Good Options in FAA ATC Demands

AirVenture's importance to GA overriding factor

Released June 13, 2013

Dick Knapinski, EAA #494456
Senior Communications Advisor
EAA—The Spirit of Aviation

Facing a spectrum of unpalatable options, EAA today finalized a one-time agreement with the FAA to cover nearly $450,000 in expenses related to air traffic control services at the 2013 EAA AirVenture Oshkosh fly-in, which begins on July 29.

"Let me be clear: We have consistently regarded the FAA's move as holding AirVenture and GA hostage this year," said EAA Chairman Jack Pelton. "There was considerable, detailed thought given over the past month to every option and possible scenario. Ultimately, AirVenture's importance to the entire general aviation economy and community, as well as to EAA's year-round programs, was the overriding factor in our response. AirVenture will go on, and our attendees deserve nothing less than the best air safety and services we can provide.

"As far as we're concerned, this isn't over. We entered this agreement only because there was no other realistic choice to preserve aviation's largest annual gathering. We also look forward to FAA's leadership coming to Oshkosh this year to personally explain their policy to the nation's aviators."

Along with the completed agreement, EAA included a letter stating that it signed the contract under protest. Failure to sign with the FAA would have meant cancelling AirVenture, which would have been catastrophic for EAA's year-round programs. The agreement allows for a partial payment of the $447,000 total bill prior to the event, with the remaining sum to be paid after the FAA has completed its AirVenture duties at Oshkosh.

The FAA's demand for payment in relation to air traffic services, first unexpectedly revealed by the agency in mid-May, left EAA, exhibitors and others in a position where millions of dollars had already been committed to AirVenture 2013. In addition, refusal of FAA services or not meeting the agency's standards would have caused the FAA to void the necessary waivers that are essential for Oshkosh air operations during the event.

The one-time agreement will allow AirVenture to have a full complement of 87 FAA air traffic controllers and supervisors at the event for essential air safety services. Federal budget sequestration, however, will diminish the FAA's presence at Oshkosh this year in areas such as forums and exhibits.

Pelton added that EAA members and other aviation enthusiasts need to be involved to counter FAA's stated policy of expanding these financial demands on the nation's aviation events in future years. EAA maintains that this equates to the imposition of GA user fees without Congressional approval, and 28 U.S. Senators have already signed a bipartisan letter calling the FAA move unacceptable and demanding immediate reversal.

"Our quarrel is not with the hard-working FAA employees who do their jobs at Oshkosh," he said. "We understand that AirVenture and other GA events are pawns in the larger sequestration political standoff, so it's important that we stand together and let those in Congress and the White House know the importance of aviation. We will do that in Oshkosh and we look forward to having those who love the freedom of flight stand with us."

Globalair.com ask what is your take on the FAA and EAA!

FAA Suspends Furloughs For Air Traffic Controllers

Article published by: FoxNews.com



The Federal Aviation Administration said Saturday it has suspended furloughs for air traffic controllers, after Congress pressured the Obama administration to end recent, widespread flight delays.

The agency said air traffic facilities will begin to return to regular staffing levels over the next 24 hours and the system will resume normal operations by Sunday evening.

Congress approved a bipartisan bill Friday that it sent to President Obama and allowed the FAA to use up to $253 million from an airport improvement program and other accounts to halt the furloughs through Sept. 30, the end of the government's fiscal year.

The furloughs that started Sunday resulted in thousands of delays and cancellations at major airports across the country, with FAA officials warning by late in the week that the situation, combined with weather problems, would continue to cause delays.

Republicans said Saturday the bill shows the Obama administration miscalculated by trying to “inflicting pain” on Americans by allowing massive cuts to the federal budget.

"There are some in the Obama administration who thought inflicting pain on the public would give the president more leverage to avoid making necessary spending cuts, and to impose more tax hikes on the American people," said Pennsylvania Republican Rep. Bill Shuster.

Washington allowed the cuts to begin in January, equaling $85 billion just this year, after Republicans would not agree to a plan by Democrats to increase taxes to help solve the country’s budget problems.

Meanwhile, President Obama on Saturday blamed Republicans – first for the cuts, known as sequester, and for the legislation that passed Friday with bipartisan support and that the president is prepared to sign.

"Republicans claimed victory when the sequester first took effect, and now they've decided it was a bad idea all along," Obama said in his weekly radio and Internet address.

At the start of the week, the Federal Aviation Administration began furloughing air traffic controllers, saying the mandated cuts were necessary and part of agency-wide furloughs.

Shuster, chairman of the House Transportation and Infrastructure Committee, said the FAA could have averted the flight delays on its own by cutting costs elsewhere and adjusting work schedules.

His comments, the Republican response to this week’s presidential address, follow FAA Administrator Michael Huerta telling a Republican-led House committee Wednesday that the agency has few savings options and that it was cutting contracts to run control towers at smaller airports to help save roughly $400 million more.

Obama said Saturday the bill is a "Band-Aid" solution, instead of a solid, long-term plan.

A congressional leadership aide told Fox News the bill still needs a small, technical fix by the Senate on Monday or Tuesday before the president can officially sign it. However, the delay shouldn't impact the FAA since it has the resources to end furloughs now and knew the fix was coming.

The cuts have affected all federal agencies, and the delays last week frustrated travelers enough to pressure Congress, before members left Friday for recess.

The president scolded lawmakers for helping the FAA while doing nothing to replace other cuts that he said harm federal employees, unemployed workers and preschoolers in Head Start.

"Maybe because they fly home each weekend, the members of Congress who insisted these cuts take hold finally realized that they actually apply to them, too," he said.

Rushed through Congress with remarkable speed, the bill marked a shift for Democrats who had hoped the impact of the cuts would increase pressure on Republicans to reverse them.

Republicans have rejected Obama's proposal to replace the spending reductions with a mix of spending cuts and tax increases.

Faced with the prospect that emboldened Republicans will push to selectively undo other painful effects of the cuts, the White House said Friday that a piecemeal approach would be impractical, but wouldn't definitely rule out signing other fixes.

The Associated Press contributed to this report.

NBAA Calls on White House to End FAA Controller Furloughs

Contact: Dan Hubbard, (202) 783-9360, [email protected]

Washington, DC, April 24, 2013 – The National Business Aviation Association (NBAA) has joined 11 aviation groups in petitioning the White House to provide the Federal Aviation Administration (FAA) with the funding flexibility it needs to avoid one-day-per-pay-period furloughs of air traffic control personnel.

The furloughs are the result of budget reductions forced upon the FAA following sequestration cuts that went into effect on March 1. To deal with the cuts, the FAA has announced traffic management initiatives, including spacing aircraft farther apart for takeoffs and landings, at airports and facilities around the country, which it has said may cause a wide range of flight delays.

In an April 19 letter to White House Chief of Staff Dennis McDonough, the aviation groups call the furloughs, "an unprecedented occurrence that is very concerning to those of us in the aviation community."

The letter points out that controllers in the past have been exempt from furloughs for an important reason: "These frontline safety professionals perform an essential service in facilitating commerce in our country by maintaining a safe and efficient National Airspace System (NAS)." The aviation groups add that controller staffing "should always be based on traffic flow demands, with the safety and efficiency of the system the foremost consideration."

Review the industry letter to the White House. (PDF)

The industry groups also noted that other federal agencies, including the Transportation Security Administration and Customs and Border Protection, "have taken steps to ensure they will not need to furlough employees in order to reach the required budget reductions," while adding that many legal experts believe the FAA already has the flexibility it needs to avoid furloughing controllers.

In closing, the aviation groups said: "Without action, it will be challenging for air traffic to continue to operate at its current rate of high efficiency," noting that they "have always been dedicated to enhancing the efficiency and capacity of the NAS."

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Founded in 1947 and based in Washington, DC, the National Business Aviation Association (NBAA) is the leading organization for companies that rely on general aviation aircraft to help make their businesses more efficient, productive and successful. The Association represents more than 9,000 companies and provides more than 100 products and services to the business aviation community, including the NBAA Business Aviation Convention & Exhibition, the world's largest civil aviation trade show. Learn more about NBAA at www.nbaa.org.

Members of the media may receive NBAA Press Releases immediately via email. To subscribe to the NBAA Press Release email list, submit the online form.

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