NATA, reacting to the imminent publication of a rule restricting long-range flights by Part 135 operators, has pledged a thorough review of the rule, which has already raised concerns. Following initial review of an advance copy of the Federal Aviation Administration (FAA) proposal to impose a 180-minute range limit on certain Part 135 operations, NATA believes that the FAA has not provided sufficient justification for the numerous new requirements.

The proposal to impose Extended Operations (ETOPS) requirements will require operators to remain within 180 minutes of an "adequate airport" on all flights outside the continental United States unless the operator and aircraft meet additional requirements. Aircraft meeting the additional ETOPS requirements would be permitted to operate to a maximum limitation of 240 minutes. There is no range limit imposed today, and the FAA acknowledges that there is no safety data showing existing accidents or incidents specifically related to long-range flights.

"While it may be an appropriate time to consider special requirements for ultra long-range flights, absent a clearly defined safety justification we could not support this rulemaking in its entirety," explained NATA director of government and industry affairs Eric Byer.

NATA has concerns with the overall impact of an ETOPS rule for Part 135 and will develop comprehensive comments for submission to the agency. However, one requirement in particular has already emerged as objectionable.

"We are concerned with the FAA's desire to ban certain existing aircraft from ETOPS flights after eight years," Byer stated.

A key component of the ETOPS NPRM is the creation of special Part 25 certification standards for newly manufactured aircraft capable of ETOPS flights. Eight years following an ETOPS final rule, the FAA wishes to prohibit the addition of an ETOPS-capable aircraft to an operator's certificate unless the aircraft meets the new Part 25 standards.

"The FAA's position is that a particular aircraft is safe today and will be safe for ETOPS flights for the next eight years. It simply defies logic that at a purely arbitrary date, this same aircraft can suddenly become unsafe. The association intends to dispute this particular requirement," Byer concluded.

FMI: www.nata-online.org