In comments filed this
week, the National Air Transportation Association (NATA) criticized
a Federal Aviation Administration (FAA) proposal to upgrade cockpit
voice recorders (CVR) for failing to conduct a meaningful review of
the regulatory impact for aircraft operated under Parts 135 and
91.
Specifically, the FAA did not analyze the proposed rule’s
impact on Part 135 on-demand operators and Part 91 subpart K
fractional program aircraft, both of which are significantly
impacted by the proposal.
“It is both surprising and concerning that this NPRM,
which has been under development for several years, was able to
pass all FAA, Department of Transportation and Office of Management
and Budget reviews without anyone in those organizations
recognizing that the regulatory evaluation and impact analysis did
not include any aircraft smaller that those used by the Part 121
airlines,” NATA stated.
The association’s comments highlighted the gravity of the
FAA’s oversight, explaining that “the failure here is
not that the analyses include inaccurate data, but that they
include no data whatsoever relevant to the Part 135 and 91 fleet of
aircraft.”
NATA noted that the lack of an accurate analysis is more than a
mere disservice to the industry; it amounts to non-compliance with
mandatory obligations established by statute and Presidential
Executive Order.
Regarding the missing analysis, the association stated,
“[We] can only conclude that those conducting the analysis
either believed the rule was only applicable to airlines, or that
the researchers possessed a fundamental misunderstanding of Part
135 on-demand and Part 91 fractional ownership operations, the
aircraft utilized and the equipment required.”
NATA called for an
immediate halt to further action implementing the proposed CVR
rules on Part 135 on-demand and Part 91 fractional operators until
an accurate economic and regulatory flexibility analysis, including
a review of the impact on small business, is completed and the
public has the opportunity to review and comment.
Currently, any turbine-powered aircraft with six or more
passenger seats is required to have a CVR installed.
Each of these aircraft operated under Part 135 or fractionally
owned and operated under Part 91 subpart K is impacted by the
proposed rule changes. While the proposed rules would also
require changes to FDR technologies, those changes will generally
impact newly manufactured aircraft, not those already
in-service.