“The law isn’t justice. It’s a very imperfect mechanism,” Sewell Endicott says in Raymond Chandler’s The Long Goodbye. “If you press exactly the right buttons and are also lucky, justice may show up in the answer. A mechanism is all the law was ever intended to be.” This statement certainly applies to FAA enforcement cases, especially for Part 145 repair shops.
According to a study by UK research contractor Qinetiq for the European Aviation Safety Agency (EASA), commercial air transport flights by single-engine aircraft in instrument meteorological conditions or at night (SE-IMC/night) should not be prohibited automatically. That is the good news for proponents of SE-IMC/night operations who have been seeking the clearance for more than 20 years.
Regional and major airlines will be required to report incidents involving the loss, injury or death of an animal (hot or cold blooded) during air transportation. The requirement, now in a notice of proposed rulemaking, is expected to be adopted to implement federal legislation aimed at improving animal welfare while on aircraft. Under new FAR 119.72(a), carriers would have to report the incident to the Department of Agriculture.
The FAA will be looking for “very intensive” industry participation in a planned comprehensive review of the rules governing aircraft that operate under several FARs, including Parts 135 and 91.
The FAA now expects to publish the final rule on FAR Part 91 Subpart K by the end of this year, with implementation to follow in late 2003. The subpart will regulate fractional ownership operations and make some modifications to Part 135.
The Global Express, Airbus Corporate Jetliner, Boeing Business Jet and all other aircraft with a mtow of 95,000 lb or more and used in private charter operations are covered by new security rules, effective August 19, that require pre-boarding screening of passengers and property.
AIN has learned that a directive from the “highest level” within the FAA has instructed the agency’s ADS-B Program Office to spend the next five months concentrating solely on resolving the user community’s overwhelmingly negative response to the proposed ADS-B implementation plan.
The European Aviation Safety Agency (EASA) will start assuming its responsibilities in September, though it may well take at least until 2008 for it to complete the process of replacing the existing Joint Aviation Authorities (JAA).
The FAA has released a supplemental notice of proposed rulemaking (NPRM) regarding implementation on Jan. 20, 2005, of domestic reduced vertical separation minimum (DRVSM) airspace. The agency is adding a proposal to implement RVSM between FL290 and FL410 in Atlantic and Gulf of Mexico high offshore airspace and in the San Juan, Puerto Rico flight information region (FIR).
Almost two years after FAR Part 91 Subpart K was issued as a notice of proposed rulemaking (NPRM), a final rule on regulation of aircraft fractional-ownership operations remains in bureaucratic limbo in the “executive coordination process.”