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FAA Regulatory Review. Challenges for 2011 and Beyond. NATA Air Charter Summit 2011. John M. Allen FAA Flight Standards Service. June 7, 2011. FAA Office of the Administrator. AVS Organization. Over 7,000 Employees dedicated to Aviation Safety. Flight Standards Service (AFS).

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faa regulatory review

FAA Regulatory Review

Challenges for 2011 and Beyond

NATA Air Charter Summit 2011

John M. Allen

FAA Flight Standards Service

June 7, 2011

avs organization
AVS Organization

Over 7,000 Employees dedicated to Aviation Safety

flight standards service afs
Flight Standards Service (AFS)

Staff of over 5,100 Employees

our mission
Our Mission

To assure the safety, while enabling the adventure, commerce and service of aviation.

  • AVS has three main functions:
    • We set standards for training and certification of airmen and aircraft.
    • We certify airmen and aircraft on the basis of those standards.
    • We ensure their continued operational safety through oversight and surveillance.
today s topics
Today’s Topics
  • Funding/resource challenges
  • 135 flight duty and rest
  • Standardization issues
  • Part 135 illegal charter hotline report
  • Block Aircraft Registration Request (BARR) program changes
funding resource challenges
Funding & Resource Challenges
  • Budget constraints will require us to refocus priorities and resources.
  • These fiscal realities will affect the FAA’s ability to meet the challenges of designing, manufacturing, regulating, and operating new aircraft.

Congress clearly established the FAA’s priorities with passage of HR 5900, the Airline Safety and Federal Aviation Administration Extension Act of 2010.

  • The focus of the Safety Bill is pilot training, professionalism and professional development.
  • It includes 8 rulemaking actions; 11 studies, task forces or reports to Congress; and 1 database.
  • It also mandates that we establish a number of new standards for pilot training and certification.
standards flight duty rest
Standards – Flight Duty & Rest
  • The FAA is currently revising its flight and duty regulations in 14 CFR part 121.
    • We are working through public comments on the NPRM in order to publish a final rule by the July 31 deadline.
    • It is likely that future rulemaking efforts will propose extending the part 121 rule to part 135.
standards flight duty rest12
Standards – Flight Duty & Rest
  • Whitlow interpretation issued on Nov 20, 2000 and currently applies to part 121 domestic operations:
      • Look-back minimum 9 hour rest or 8 hour compensatory rest
      • Defines circumstance beyond and under the control of the certificate holder
      • Prohibits continued operations that would encroach on the rest period
  • Proposed interpretation to apply Whitlow to part 135 has been submitted for public comment
standards other actions
Standards – Other Actions
  • FRMS - We have received and reviewed Fatigue Risk Management Plans from each part 121 air carrier.
  • Commuting - The National Academy of Sciences (NAS) will conduct a study of the effects of commuting.
  • SMS - Comment period on the FAA’s SMS rulemaking closed on March 7.
standards other actions14
Standards – Other Actions
  • Pilot Certification and Qualification – ARC completed its work in November; draft NPRM is in coordination.
    • There will be issues of interest; we strongly urge NATA members to review carefully and comment.
    • Concept is being considered.
continued operational safety
Continued Operational Safety
  • Assurance of continued operational safety is also a priority.
    • We have to make sure that certificated airmen, aircraft, and entities already operating in the NAS do so in accordance with the established safety standards.
continued operational safety16
Continued Operational Safety
  • We must evolve our safety oversight system and embrace the view that industry — not the regulator — is responsible for ensuring safety.
  • SMS is a critical element. It will:
    • Give certificate holders accountability for managing their safety.
    • Allow FAA to identify areas that warrant attention.
    • Make it possible for us to keep up with new technologies and processes in industry, NextGen.
  • With regard to the FAA’s certification function:
    • Through HR 5900, Congress directed the FAA to focus efforts and resources on certain standards.
    • Our fundamental responsibility requires that we ensure the continued operational safety of airmen, aircraft, and entities we have already certificated.
  • These realities squeeze certification:
      • We cannot justify new certification without first assuring that we will be able to fund effective and proper oversight of those already operating.
  • Improved use of designees and SMS will be critical to the FAA’s ability to support certification of new entrants for business aviation.
standardization issues
Standardization Issues

Aviation Safety (AVS)

Quality Management System (QMS)

AVS Quality Policy

AVS is committed to providing the world's safest aerospace system. AVS achieves this goal by meeting the requirements of the AVS quality management system, responding to our customers, valuing the contributions of each employee, and continuously improving our processes.

standardization issues20
Standardization Issues
  • The QMS helps AVS accomplish its safety mission by:
    • Standardizing AVS processes
    • Ensuring that requirements are met
    • Improving processes and systems
      • Metrics gathered monthly and analyzed for trends across the service
    • Valuing the contribution of our employees

Standardization Issues

  • Consistency & Standardization Initiative (CSI) provides a way for stakeholders to appeal a decision made by an AVS office or individual in performing regulatory/policy duties
    • Document aviation safety decisions
    • Promote early resolution of disagreements
    • Promote consistency and fairness in applying FAA regulations and policies
  • Stakeholders must be prepared to use it.

Part 135 Illegal Charter Hotline

  • The FAA has received 27 NATA hotline reports.
    • These include 24 alleged illegal part 135 activities and 3 airman issues.
  • Disposition:
    • 12 still under investigation or enforcement
    • 9 determined to be legal flights
    • 4 did not include enough information to substantiate
    • 1 pilot certificate suspension
    • 1 proposed pilot certificate suspension

BARR – Block Aircraft Registration Request

  • On June 3, 2011, the FAA published its decision to limit BARR grants to requesters who have provided a Certified Security Concern by July 5.
  • As stated in the Federal Register notice, the FAA believes this change is justified by disclosure and openness requirements set forth in Federal law, executive branch policies and directives, and court decisions.
destination 2025
Destination 2025
  • Destination 2025 is a long-term, strategic vision for transforming our nation’s aviation system and the FAA.
  • It is a holistic and aspirational view of the future that will drive the FAA toward:
    • Achieving the next level of safety
    • Implementing NextGen
    • Equipping and organizing the FAA workforce to take on future challenges
    • Building a FAA culture based on collaboration and open communication.

John Allen