The FAA has revised the regulations covering temporary flight restrictions by creating a separate set of conditions to cover sporting events and airshows (new FAR 91.145) and revising the existing rules to apply only to disaster and hazard areas (retitled FAR 91.137).
United States administrative law
In the first few days after the new FAR on fractional ownership hit the street last month, the aviation community was reacting with tempered optimism. While many praised the cooperative effort between the FAA and the Fractional Ownership Aviation Rulemaking Committee (FOARC) in creating the long-awaited final rule, they also reserved substantive comment until they had further time to analyze the result.
Still unclear at press time was how Special Federal Aviation Regulation (SFAR) 91 will affect general aviation, particularly business aircraft and private aircraft with mtows exceeding 12,500 lb.
In February 2002 the FAA proposed to make it clear that each person who performs a safety-sensitive function directly or by contract for an employer (“including by subcontract at any tier”) is subject to drug and alcohol testing.
Judging from testimony at a hearing on the FAA’s new air-tour proposals, FAR Part 136 might be a solution in search of a problem. Speaker after speaker told the FAA that the notice of proposed rulemaking (NPRM) should be withdrawn, scrapped or, at the very least, rewritten.
The FAA extended to November 16 the comment period on its notice of proposed rulemaking (NPRM) to regulate fractional aircraft ownership operations. Just before the original comment period was about to close on October 16, NBAA and the National Air Transportation Association requested a 30-day extension.
The Department of Homeland Security (DHS) is developing rules governing inbound international flights of business jets. At a forum at NBAA’07 yesterday, Rob Rottman, deputy director, transportation and infrastructure in the DHS Office of Policy Development, briefed attendees on the agency’s advance passenger information system (APIS) proposal and requested NBAA members provide comment.
Aviation alphabet groups are busy deciphering the legal jargon in the 55-page notice of proposed rulemaking issued Tuesday that will require private aircraft operators to submit passenger manifest data before any arrival in or departure from the U.S.
The FAA unveiled a Notice of Proposed Rulemaking last month that addresses airworthiness standards related to cabin interiors for transport-category airplanes in private-use passenger operations. Type certification requirements have historically been separate from and independent of operational standards.
At present, the most that can be said about the FAA’s intention to have an Aviation Rulemaking Committee (ARC) assist in rewriting FAR Parts 135 and 125 is that it is a work in progress.
The first ARC was formed several years ago and dealt with developing FARs that would apply to fractional jet operations. After lengthy deliberations, the new FAR–Part 91 Subpart K–was promulgated and instituted.