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By Shane Nolan |
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September 20, 2010 — The National Air Transportation Association (NATA) has conducted its initial review of the Federal Aviation Administration’s (FAA) new proposed rule addressing pilot hours-of-service rules for Part 121 airlines.
While the
association supports the FAA’s decision to pursue separate rulemaking
initiatives for Parts 121 and 135, NATA is deeply concerned about
language contained in the proposed rule regarding the FAA’s plan for
future Part 135 rulemaking.
In its
Notice of Proposed Rulemaking (NPRM),
the FAA states that “part 135 operations are very similar to those
conducted under part 121. . .” and that the Part 135 operator should
“expect to see an NPRM addressing its operations that looks very similar
to, if not exactly like, the final rule the agency anticipates issuing
as part of this rulemaking initiative.” |
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“I wish I could
only say that I was shocked at the FAA’s statement that Part 121 and 135
operations are ‘very similar,’” NATA President James K. Coyne stated.
“But anyone who has any inkling of the vast array of operations that
take place and geographic settings common within the Part 135 community
would know better than to make this ridiculous comparison.
“The fact that the
statement came from our aviation regulatory authority makes me wonder
just how familiar the FAA is with the makeup of the Part 135 community
and question the agency’s commitment to honoring the letter and spirit
of rulemaking guidance that requires the FAA to consider the specific
costs, benefits and regulatory alternatives that may be appropriate for
different types of operators.”
NATA, other
aviation trade organizations, numerous aircraft operators and FAA staff
invested substantial time and effort to provide the agency with a
comprehensive proposal creating a new regulatory system for on-demand
operators that addresses concerns about pilot fatigue.
This comprehensive
rulemaking proposal was created through the Part 125/135 Aviation
Rulemaking Committee (ARC) several years ago. To date, the FAA has not
provided any feedback on the proposal, nor has the agency moved to
provide an NPRM based upon the ARC recommendations. |