Call On Every Individual In Aviation to Contact Elected Officials ASAP In Response To Attack On Aviation Industry

By Maxine Scheer

Leaders from seven aviation industry organizations sat together at the EAA Welcome Center on Wednesday afternoon to discuss critical concerns on the Federal and State legislative fronts that were consistently referred to as some of the greatest threats the aviation industry has ever faced. The event was titled, “Stronger Together”, and each industry association leader reiterated points recognizing each GA segments differences, but also emphasized that the aviation industry is clearly under attack and that an aggressive and unified front is critical in protecting the freedoms and rights of the various aviation stakeholders.

The panel included James Coyne, President and CEO of NATA, Ed Bolen, President of NBAA, Rod Hightower, President of EAA, Craig Fuller, President of AOPA, Matthew Zuccaro, President of HAI, Peter Bunce, President of GAMA, and Henry Ogrodzinski, President of NASAO. Each leader outlined pending legal, regulatory, and legislative actions that have arisen during the last 4 months, stemming from the deficit crisis that Congress is attempting to resolve and the approval of the FAA Reauthorization Bill.

James Coyne, President and CEO of NATA began the discussion with an issue that potentially affects anyone who operates or fuels aircraft that use 100LL. “Our whole industry is under attack, and not just at the Federal level.” Coyne went on to describe how in California, the providers of aviation fuel were recently served with a notice of violation for lack of notification to the public of the presence lead, an estimated 1.5 grams that exists in a gallon of 100LL. Lead is identified as a hazardous material in California. Coyne described it as “a very expensive lawsuit”, especially considering the relatively small profits derived from the sale of this fuel and the lengthy process the industry, including FAA, expects to identify a replacement.

James Coyne

Coyne reported that NATA filed a lawsuit in response against the California Attorney General, basically citing rules that do not allow States to preempt Federal rules. “The State does not have a right to interfere with the Federal regulation of Aviation,” said Coyne, a former member of Congress from Pennsylvania. Coyne described it as “a life or death issue for this industry” and asked for help from members of the aviation community that have some leverage [at the State level]. “The last thing we want is for one state to prohibit the sale of 100LL.”

NBAA’s Ed Bolen also noted an impasse that has resulted in a legal action filed within the last few days by a number of the industry associations (e.g. NBAA, AOPA, EAA) against DOT for their promulgation of a rule, that begins August 2, 2011, significantly limiting a pilot’s right to “opt–out” from the “Blocked Aircraft Registration Request Program.” While issues of privacy were raised and resolved by an act of Congress is 2000, Bolen described how DOT has essentially ignored public comment and the strong support by Congress of the BARR program.

Ed Bolen

In paraphrasing the new rule’s intent, Bolen noted, “they are basically saying that when you file a flight plan we are going to let everyone know who you are unless you prove to us that there is a security threat”. “This is a big deal,” said Bolen, as he noted other supporters who recognize the significance, ranging from the ACLU to the US Chamber of Commerce. “We believe we will win, but unfortunately our day in court will not happen before the 2nd of August. Collectively we are going to win.”

Rod Hightower expressed his appreciation to the industry leaders for their “coaching on dealing with Washington”. He emphasized EAA’s role in bringing people together and in sharpening the focus of creating the next generation of aviators through enhancements to EAA’s funding and support of the Young Eagles program to take participants through pilot certification, providing more financial support and mentoring. In relaying a message to other association leaders Hightower noted, “one of the things that unifies all of us is growing the pilot population,” and expressed interest in collaborating in areas such as improving the flight training experience.

Craig Fuller of AOPA expressed his appreciation for AirVenture and its role in bringing the industry together. He agreed with Hightower’s points on the need for student pilots to progress to certification. Fuller noted statistics from a study which recognized the success of attracting student pilots, but resulted in an estimated student pilot attrition rate approaching 80% on a national level. Fuller emphasized the need to recognize and implement lessons learned from training programs that achieved higher percentage levels of completion and certified pilots who continued to fly. “We are absolutely facing a pilot shortage,” asserted Fuller. “The airlines don’t know where they are going to find them and are looking to the general aviation industry [for help].”

Fuller went on to discuss the “User Fee” issue, which he noted as being “back on the table, but in the most insidious way. Not as a piece of legislation, but as a part of one big package that involves trillions of dollars over ten years.”  Fuller attempted to express the need for aviation stakeholders to communicate to Congress that the user-fee model would not achieve its objective, and would put general aviation “at risk.” Fuller noted that “thousands have talked to members of Congress and the message has gotten through.” He asked for the industry’s focus on this issue to be unrelenting.

Pete Bunce

Peter Bunce of GAMA apologized for getting political, but urged industry members to recognize the impact of President Obama’s "rhetoric" on business aviation. He brought up the example of a proposal to change the business aircraft depreciation schedule from five to seven years as having a potentially huge impact on the whole industry. He reiterated to the participants “the aviation industry is not just pilots.”  He pointed to a number of examples he categorized as inconsistencies between what the President is saying about goals for manufacturing and exports and negative impacts of efforts to garner more revenues from business aviation.

Matt Zuccaro of HAI described a number of challenges that the helicopter industry is facing, one of which is a great deal of misinformation. He described how industries, such as emergency medical transport, could be unnecessarily subject to more restrictions for incidents that are ultimately associated with the need to improve safety training for flights under FAR Part 91.

Another area of concern to HAI is the issue of preserving heliports and increasing capacity. He reported that HAI is working with FAA to revise the AC’s on Heliport Design and noted that States are imposing AC recommendations as “requirements which is constricting new heliports and heliport improvements."

Matt Zuccaro

The third item for HAI was a recent action by Senator Charles E. ‘Chuck’ Shumer (D-NY), and a recent NPRM to establish mandatory routes, restricting airspace access for rotorcraft. He described it as a “draconian measure” based on a handful of household complaints of noise that could have potentially huge implications for general aviation. “While the industry provided over a thousand complaints, at the 11th hour it became an amendment to the FAA Reauthorization.” Zuccaro urged the associations to keep this item on the radar. “Once it becomes OK for helicopters, it will come to GA.”

Henry “O” from NASAO emphasized the impacts on construction projects funded by the Airport and Airway Trust Fund and reported that NASAO is working with the airport associations to support bills recommending a "clean" continuing resolution for FAA.

Closing remarks by the participants were basically a "call to action." Ed Bolen noted that in the last few weeks the efforts of “the folks back home” were having an impact on the willingness of members of Congress to listen to industry concerns.

Fuller noted “normally there is a predictable legislative process, but this process has more closed door meetings.”

Rod Hightower closed the session by noting that FAA Administrator Babbit was coming to AirVenture and that Secretary of Transportation, Ray LaHood, would be joining him. They are scheduled for the “Meet the Administrator Forum”, Thursday, 11:30 at the EAA’s Honda Pavillion. All attendees at AirVenture are welcome, and are encouraged to attend.

FMI: www.eaa.org