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December 19, 2006

DOT Issues Air Charter Notice In Anticipation Of Bowl Games

The DOT today published a Notice titled "Requirements Regarding Flights to College Bowl Games and Other Special Events". The Notice is intended to provide "guidance to colleges and other organizations wishing to arrange charter flights to football bowl games, NCAA basketball playoff games, or other special events" in the hope of avoiding situations where organizations contract with entities that do not hold DOT economic authority, or unknowingly charter aircraft from entities that are not subject to the most stringent safety standards and oversight of the FAA, or resell seats on a charter flight without their first having obtained proper authority to do so.

The Notice identifies the two primary avenues whereby a college or other entity may seek to sponsor air transportation to a college bowl game or other special event (contracting directly with a carrier to provide the air transportation to the bowl game or other special event or contracting with a Public Charter Operator or an air charter broker, who would, in turn, locate a direct air carrier to provide the air transportation) and then explains the underlying policies and requirements for each option.

If a college or organization planning a bowl trip or special event has any questions or needs further information regarding public charter options, it should contact Dayton Lehman, Deputy Assistant General Counsel for Aviation Enforcement and Proceedings, or Lisa Swafford-Brooks, Senior Attorney in that office, at (202) 366-9342. In addition, they may contact Bill Bertram, Chief of the Air Carrier Fitness Division at (202) 366-1062 to confirm whether a particular aircraft operator has DOT air carrier economic authority.

Posted by Greg

December 18, 2006

Operation Safe Pilot Obtains Another Conviction

According to a Post on the DOT OIG's website, the Operation Safe Pilot investigation has resulted in an other conviction. The investigation revealed that a student helicopter pilot had failed to disclose on his medical application that he had been diagnosed with certain mental disorders and a substance dependency (both disqualifying medical conditions) and he had been receiving Social Security Disability benefits based upon those conditions for nearly 10 years. The airman was sentenced to 10 hours of community service and 6 months of probation for making a false statement on his 2001 airman medical application.

As you may recall, Operation Safe Pilot cross-referenced social security disability records against airman medical records and discovered that a number of airmen had applied for, or were collecting, social security disability benefits based upon conditions that disqualified the airmen from receiving an airman medical certificate. The investigation has led to charges of making a false statement and/or intentional falsification against a total of 45 airmen to date. Although these 45 airmen were all located in California, it is likely that the investigation has expanded beyond California and you will probably see similar cases in other states in the near future. The saga continues...

Posted by Greg

December 15, 2006

DOT OIG Announces Audit Of Users Of ATC System

As you may be aware, the FAA has been discussing its desire to impose "user fees" on users of the ATC system to help fund the National Airspace System ("NAS") and make up for an alleged "gap" in the funding for the NAS. In response, the Chairman of the Aviation Subcommittee authorized the DOT office of inspector general to conduct an investigation to determine "who currently uses the NAS, how that usage affects the FAA's costs, and how closely the alternatives mirror use of FAA services." The OIG issued a Memorandum announcing its intention to conduct an audit of the users of the system to answer these questions.

The OIG's objectives will be to determine: (1) Who uses the different elements of the NAS throughout a typical day; (2) Whether these users can be grouped in a meaningful manner based on system use; (3) How each group's use of the system contributes to FAA's costs; and (4) How good a proxy jet fuel consumption is for use of FAA air traffic services. Hopefully this will present a more accurate, unbiased assessment than has been propounded by the FAA and the airlines.

If you have any questions or would like more information regarding the audit, or if would like to provide your input, you may contact Stephen Smith at (202) 493-0448.

Posted by Greg

December 11, 2006

FAA Safety Manager Pleads Guilty To False Statement On FAA Application

According to a post on the DOT's Office of Inspector General website, an aviation safety program manager in the FAA's Spokane, WA FSDO plead guilty on November 27 to the charge of making a false statement on his 2004 airman medical application. Apparently the manager failed to disclose a doctor's visit on his medical application which would have revealed his use of a number of disqualifying medications. The post does not provide more detail on the nature of the doctor's visit or the medications the manager was using. The manager also resigned from the FAA.

In addition to a felony conviction and losing his job, the manager/airman probably was, or may currently be, subject to a revocation proceeding seeking revocation of his medical and airman certificates. Although certificate revocation has been the primary method of enforcement in this type of situation, criminal prosecution is becoming more and more common. I am sure the fact that the manager/airman was an FAA employee also had something to do with the decision to prosecute. After all, the FAA wouldn't want to appear arbitrary or capricious in seeking criminal prosecution of non-employees when it let an employee off with "only" a revocation proceeding.

These cases are not new. However, the potential consequences in this situation can be severe. Applicants should think long and hard about both the benefits (issuance of a medical certificate) and the costs (criminal prosecution, certificate revocation etc.) when deciding what information to disclose or omit from an application for a medical certificate.

Posted by Greg

December 05, 2006

FAA Publishes Final Rule Amending Its Rules Of Practice In FAA Civil Penalty Actions

The FAA today published a Final Rule containing technical amendments to its rules of practice in civil penalty actions. According to the FAA, the changes are "necessary to update the regulations and to reflect statutory changes and "[t]he intended effect of these changes is to ensure that regulated parties have current and correct procedural information."

The rules of practice are contained in 14 CFR Part 13. Many of the amendments relate to the procedures for obtaining judicial review of a final decision or order in a civil penalty action. Additional amendments provide an updated internet address ("URL") for the FAA's civil penalty website located here and a current address at which documents must be filed in civil penalty actions.

The amendments are effective today. If you would like further information regarding the final rule and the amendments contained therein, you may contact Vicki Sherman Leemon, Office of the Chief Counsel, Adjudication Branch, AGC-439, 800 Independence Avenue, SW., Washington, DC 20591; telephone 202/385-8227.

Posted by Greg

December 01, 2006

FAA Publishes Repair Station Notice Of Proposed Rulemaking

The FAA today published a Notice of Proposed Rulemaking amending the regulations applicable to Part 145 repair stations. The NPRM (1) revises the system of ratings and requiring repair stations to establish a quality program; (2) requires a repair station to maintain a capability list, designate a chief inspector and have permanent housing for its facilities, equipment, materials, and personnel; (3) specifies those instances when the FAA may deny a repair station certificate; and (4) clarifies recent revisions to the repair station regulations. According to the NPRM, "[t]his action is necessary to reflect changes in aviation technology and repair station business practices."

The NPRM is the result of public meetings, comments received from the public and recommendations received from the Aviation Rulemaking Advisory Committee (ARAC) appointed by the FAA to address the ratings and quality assurance issues.

Comments to the NPRM on due on or before March 1, 2007. If you would like further information regarding the NPRM, you should review the NPRM in greater detail or you may contact George W. Bean, General Aviation and Repair Station Branch, AFS-340, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-3109; facsimile (202) 267-5115, e-mail George.W.Bean@faa.gov.

Posted by Greg

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