NATA Has Serious Concerns About The NPRM

The FAA has extended the comment period from January 20 to April 19, 2004 for the proposed NPRM that would require Part 91 sightseeing operations to be certificated under Part 135. Last November, NATA filed comments with the DOT requesting an extension on the deadline for comments. "We are concerned that requiring these sightseeing operations-most of which are small businesses-to undergo Part 135 certification will place an untenable financial burden on them and force them out of business," stated director of government and industry affairs Eric Byer.

"The additional time will give us and our members time to reply and document our concerns to the FAA.

"From a safety standpoint the FAA has not justified-to our satisfaction- that there is a need for these sightseeing operations to have a Part 135 certificate," continued Byer.

"Nor have they justified the economic impact of the rule on the businesses, which they are required to do. In fact, the FAA stated that of the 1,700 operators likely to be impacted by the rule, at least 700 are likely to go out of business. That's patently unacceptable."

A review of the accidents cited by the FAA as demonstrating the need for additional regulations shows that the majority (8 of 11) accidents occurred in Hawaii where air tours are already subject to special requirements under SFAR-71. Of the 11 accidents, only three involved aircraft operating under Part 91.

"We appreciate the extension and look forward to working with the FAA on this proposed NPRM," concluded Byer.

FMI: www.nata-online.org, www.nata-online.org/2GovWatch/Pdf/10-03.air-tour-nprm.pdf