Group Requests Comment Period Extension

In comments submitted this week to the FAA, the National Air Transportation Association (NATA) called on the agency to postpone further action on proposed restrictions on long-range aircraft operations until the industry is able to fully evaluate the proposal. In a separate letter, NATA also requested that the FAA reopen the comment period for an additional 90 days. The FAA proposal seeks to impose Extended Operations (ETOPS) regulations on Part 135 flights, requiring operators to remain within 180 minutes of an "adequate airport" on all flights outside the continental United States. If an operator meets additional ETOPS operational and equipment requirements, flights up to a maximum limitation of 240 minutes would be possible. 

NATA director of government and industry affairs Eric Byer explained, "Although there were several components of the rule which we commented on, it was impossible to comment on the central issues - what exactly does 180 minutes mean and how will it impact existing operations?"

Equating the 180-minute standard to a distance is necessary to plan the flight so as to remain within single-engine range of alternate airports.  The equation requires a range of speeds determined by airplane manufacturers for this purpose.  Unfortunately, these speed tables are not yet available.

Byer continued, "It is impossible to conduct a meaningful evaluation of the regulations when we have no real idea how the 180-minute limit changes the existing environment.  In our opinion, it also puts the entire economic analysis in serious trouble.  If data essential to analyzing the rule does not exist, how could the FAA have reasonably determined the impact?"

Particularly troubling to the association is the FAA's assertion that a range limitation exists today and that creating ETOPS rules permitting flight beyond 180 minutes would therefore result in industry costs savings. NATA's comments refuted the FAA's claims that Part 135 operations are restricted to 180-minute limitations today, stating, "Despite numerous requests for what the agency has described as a "de facto" policy, to date the FAA has not produced a single regulation, handbook bulletin, policy memorandum or other document enforceable upon an operator stating any such restriction."

Also troubling to the association is the apparent failure to recognize that a 180-minute limitation imposes a regulatory burden on all Part 135 operations outside the continental United States, not just those operations conducted beyond the 180-minute standard. 

The comments state, "As most regulated entities will attest, there is no presumption of compliance with a regulation.  The operator must at all times be able to demonstrate compliance with regulations.  In the case of an ETOPS limitation, this would include demonstration that a given flight was below the 180-minute threshold and, therefore, was not an unauthorized ETOPS operation."
 
"We hope the FAA's review of comments will open their eyes to the many shortcomings of this proposal and that they will not attempt to proceed to a final rule until these issues are resolved," Byer concluded.

FMI: www.nata-online.org