The fine folks at AEA tell ANN that, "After meeting with the FAA a viable option could not be reach to allow turbojet operators to continue flying beyond January 1st, 2004 without an installed ELT. The rule will stand as written with no relief for the hundreds of aircraft awaiting ELT installations. After meeting with the FAA a viable option could not be reach to allow turbojet operators to continue flying beyond January 1st, 2004 without an installed ELT. The rule will stand as written with no relief for the hundreds of aircraft awaiting ELT installations."

AEA Memorandum
SUBJECT: January 1, 2004 ELT Regulation Stands

REFERENCE: Federal Aviation Regulations Part 91.207

MAJOR HIGHLIGHTS: Effective January 1, 2004 the current ELT exemption for turbojet powered aircraft is being rescinded. Congress ordered the FAA to remove the exemption in the wake of a turbojet that crashed in New Hampshire on Christmas Eve 1996 and was not found for nearly three years.

The current January 1, 2004 date is the end of a previous Congressional-approved two year extension to the original mandate. Congress did not give the FAA the power to further extend the regulation. Section 91.207 prohibits any person from operating a U.S.-registered civil airplane unless there is attached to the airplane an approved automatic type emergency locator transmitter that is in operable condition.

Aircraft that need to be flown to a maintenance base will need a ferry-permit issued by their local FSDO.

AEA COMMENTARY: AEA, along with NATA and NBAA, have been working to find some relief for the few hundred turbojet aircraft still awaiting the installation of an ELT before the January 1 deadline. Even though, the rule has been public for over three years, AEA is disappointed that there was not something the FAA could due to keep General Aviation flying, however, the Association does commend the FAA for their efforts in evaluating the various options; the mandate issued by Congress just didn’t give the FAA any flexibility.

The only current option is for an operator to petition for an exemption from FAR 91.207. Member companies whose customers find themselves unable to meet the January 1st deadline should have their customers file a petition for exemption to FAR Part 91.207 giving specific justification for the FAA to grant the exemption and some idea of a time line for the installation of a new ELT.

FMI: http://www2.faa.gov/avr/arm/petitions.cfm?nav=part, www.aea.net