Thu, Sep 16, 2010
Disagrees With FAA Assessment That 121, 135 Operations Are
"Similar"
The National Air Transportation Association (NATA) has
conducted its initial review of the FAA's 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 says it
is deeply concerned about language contained in the proposed
rule regarding the FAA's plan for future Part 135 rulemaking.
In its 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."
"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 (pictured, below) 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.
"I hope the FAA will not scrap a comprehensive, well thought out
proposal that could have been implemented years ago instead of
allowing it to collect dust," Coyne concluded. "NATA supports the
revised pilot flight, duty and rest regulations contained in that
proposal and encourages the FAA to take action on it rather than
trying to fit nonscheduled pilots and operations into the rigid
scheduled airline model."
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