In a letter to FAA
Administrator Marion Blakey, NATA has requested that the agency
delay implementation of the recent notice announcing a new policy
requiring landing performance assessments prior to landing for all
turbojet aircraft.
According to the notice, all Part 121, 135 and 91(K) operators
will be issued a new Operation Specification (OpSpec) or Management
Specification (MSpec), as appropriate, requiring completion of a
new en-route landing distance assessment for all turbojet aircraft.
This calculation must take into consideration current runway
conditions and allow a full stop landing with at least a 15% safety
margin beyond the actual landing distance. The calculation must
also occur as close to the time of arrival as practicable.
Currently, regulations only mandate that such calculations occur
prior to departure of the aircraft. NATA’s letter states,
“The policy change detailed in the notice is, at best,
ambiguous and confusing. At worst, it is rulemaking by Guidance and
OpSpec/MSpec. The association has, both through comments attached
to this letter and through personal meetings with FAA staff,
outlined several concerns with the content of this notice that have
yet to be answered.
“On a basic
level, NATA is opposed to the issuance of this “policy”
because it establishes a new requirement with which operators must
comply without having gone through the formal rulemaking process.
Currently, the conduct of a separate landing assessment,
particularly when coupled with a mandatory 15% margin, is not
required by regulation. To impose such a specific and detailed new
process on operators without following the mandates of the
Administrative Procedures Act is unacceptable to the
association.”
NATA also points to the Part 121 origination of this new policy,
and the agency’s blatant disregard for the unique
characteristics of 135 and 91(K) operations. The letter cites
several examples of FAA oversight in developing the policy,
including operations at uncontrolled airports (or airports where
the tower has closed), unreliable or unavailable braking action
reports, and lack of friction measuring equipment at many airports
frequented by on-demand charter and fractional operators. The FAA
policy notice does not provide clear guidance to operators and
flight crews as to how to determine braking action under these
circumstances and whether a landing is permissible given these
facts.
The association closed its letter by requesting that the FAA
postpone distribution of the OpSpec/MSpec and related guidance for
a minimum of 60 days to allow the agency to address these concerns
and encouraging the agency to form a joint industry/FAA working
group to discuss the notice.
“Although the FAA’s goal of increased aviation
safety through a standardized landing margin is laudable, this Part
121-driven and oriented notice could actually diminish aviation
safety for Parts 135, 125, and 91(K) operators. The FAA appears to
have developed a case of “tunnel vision” and can only
see the perceived benefits of this new policy, and appears to have
not considered the possible unintended safety consequences of their
actions. Ultimately, the flying public could be the ones who
suffer,” explained NATA President James K. Coyne (pictured
above).