AOPA Action

Five-Point Reform Proposed as Alternative to FAA Privatization

AOPA Legislative Action has formally proposed a comprehensive five-part reform of the Federal Aviation Administration, including agency autonomy and complete integrity for the special user taxes that underwrite air traffic control and federal airport grants. "If the President and Congress are looking for savings, the answer is not in a quasi-governmental corporation," said Phil Boyer, speaking for AOPA Legislative Action. "The answer is in-government reform of the FAA as a freestanding agency and proper handling of the special taxes all airspace users have been paying since 1970." The proposal includes:

Organizational reform: Restoration of the FAA as an independent federal agency, as the Federal Aviation Agency was before the creation of the Department of Transportation in 1966. "The operation and management of air traffic control is inextricably linked with safety regulation," said Boyer. "There's only one air traffic system in the country. And as a 'monopoly,' it's the classic case for a federal agency — not a corporation and not a regulator broken in half into government and non-government entities."

Financing reform: FAA spending of aviation user fees in the Airport and Airway Trust Fund should be removed from the Unified Federal Budget. Under current practice, $4 billion to $5 billion in user fees collected each year to fund FAA equipment, operations, maintenance, and federal airport improvements are lumped together with general revenues for appropriations and deficit-reduction purposes. "The Office of Management and Budget should not be allowed to restrict trust fund monies from their intended purposes just to disguise the true extent of the federal deficit," said Boyer.

Personnel reform: The FAA should be given authority to conduct its own recruiting, simplify its personnel classification and pay system, and design its own compensation system based on rewarding performance, not seniority. The time required to terminate employees for cause should be cut in half, the proposal said. Pay reductions or extension of probationary periods should be available to discipline poor employee performance.

Procurement reform: FAA procurement should be streamlined, replacing rigid rules with guidelines. Acquisition of standard items should be expedited; the FAA should rely more on "off the shelf" equipment, and authority should be granted for direct purchases of routine items outside the General Services Administration (GSA) system.

Management reform: To help the FAA become more responsive, AOPA Legislative Action proposed an FAA User Advisory Board of high-level representatives of the aviation community. That board would be given broad access to function as a management advisor and policy resource for the FAA administrator. In addition, AOPA called for legislation requiring final definitive action on all FAA rulemakings within 18 months.

The package of reforms long-sought by the nation's civilian pilots was presented to the incoming chairman of the new House Transportation and Infrastructure Committee, Bud Shuster (R-PA).

NATIONAL ACTION

AOPA Lauds FAA's Own Reorganization Plan as Appropriate Course

AOPA has complimented the FAA on its recently announced organizational changes designed to increase agency integration, especially in research and procurement. "FAA's new organization plan, and the new procurement law passed by Congress last year, are first steps to the reform within government we've called for instead of 'corporatizing' FAA air traffic control," said AOPA President Phil Boyer.

AOPA endorsed the tighter new FAA structure as creating a potentially more responsive agency with fewer management layers and fewer organizational bottlenecks. "Designing an FAA structure that encourages decision-making instead of segregating people into specialties is a very productive change," commented AOPA Senior Vice President-Government and Technical Affairs Steven J. Brown.

The FAA's new Research and Acquisitions area would now be organized around integrated product teams rather than old functional lines separating research, contracting, procurement, and administrative activities involved in developing and buying new technology.

Also important would be elevation of the FAA's Regulation and Certification area to a direct reporting relationship to the administrator. Meanwhile, a new staff "System Safety" office, independent of FAA operational divisions, would monitor safety issues and report directly to the administrator.

Separately, government-wide personnel policy reforms, proposed under the Administration's "Re-Inventing Government" initiative, promise a more flexible and performance-based personnel system. The 104th Congress is expected to pass these reforms quickly, allowing the FAA an early opportunity to improve its personnel management.

While the FAA characterized its organizational changes as preparatory to ATC corporatization, AOPA said the internal changes prove in-government reform is possible, productive, and preferable. "It seems counterproductive to streamline and integrate the FAA structure to speed decisionmaking, then break out the majority of the FAA into a separate air traffic control corporation," said Boyer.

Medical Panel Evaluating Proposed Revisions to FAA Medical Standards

The AOPA Medical Advisory Panel is conducting a detailed review of FAA proposals to modify airmen medical certification standards. The panel, meeting in early December under the chairmanship of Dr. Ian Fries, conducted a section-by-section review of the FAA notice of proposed rulemaking that rewrites many pilot medical standards.

The advisory panel called for more information on studies the FAA used to justify the proposed changes (see following story), some of which constitute significant expansion of certification requirements beyond traditional standards ensuring flight safety.

The panel also examined how the FAA's proposals relate to numerous AOPA petitions for sensible simplification of medical requirements in light of recent medical advances and a generally healthier pilot population. AOPA has proposed extending third-class medicals for non- commercial flying to four years, initially for pilots not involved in instrument flying. A similar program has safely instituted five-year medicals in the United Kingdom.

AOPA testified on the FAA's wide-ranging medical certification proposals on January 20 in Washington, D.C., and will submit its final comments to the NPRM on or before the February 21 deadline.

The AOPA Medical Advisory Panel includes prominent physicians in various medical disciplines, including specialists in aviation medicine, orthopedics, psychiatry, and cardiology. A former FAA federal air surgeon also serves on the panel.

AOPA Requests Studies FAA Used to Justify Proposed Changes in Medical Standards

AOPA has filed a Freedom of Information Act request to inspect records, reports, medical studies, and other data claimed to justify changes in pilot medical certification. "How can the FAA spend more than 14 years studying medical standards, then expect useful public comments in less than 120 days without supplying the studies cited in their proposed rulemaking?" asked AOPA President Phil Boyer. "We intend to review studies and data the FAA uses to justify changes that may impose increased costs and requirements on pilots. We are also asking for any data that supports NPRM 94-31's major conclusions in a number of key areas."

AOPA has already obtained a copy of one report, a Johns Hopkins study based on the health of air traffic controllers between 1966 and 1979. "There is reason to believe controller medicals may not be indicative of pilot health," said Boyer, "and to use data almost 30 years old to produce new rulemaking ignores advances in medical treatment and life span in the last decade."

AOPA specifically requested the "Survey of Department of Defense Medical Practices" study and other data referred to by the FAA as "analysis of its own aeromedical certification data." Also sought is information on the FAA's January 1992 rulemaking review of proposals and petitions on medical standards, certification procedures, and duration of medical certification. AOPA also seeks any FAA data that supports the "Summary of Quantified Costs and Benefits" section of the NPRM. AOPA wants to examine the basis for FAA claims as to the number of accidents to be prevented and the number of current medicals that would be denied under proposed new standards.

Under the Freedom of Information Act, the FAA had 10 working days to respond.

Proposed Rulemaking Procedure May Contravene Administrative Procedures Act

AOPA has told the FAA that their proposal for "Direct Final Rulemaking" on "non-controversial and consensual" rules may violate federal law requiring public notice and opportunity for comment. "We suggest that the proposed Direct Final Rulemaking Procedure may well contravene the intent, if not the letter, of the Administrative Procedures Act," said AOPA General Counsel John S. Yodice.

The 1946 Administrative Procedures Act established minimum procedural requirements to balance the broad administrative powers of federal agencies. The act requires the notice of proposed rulemaking (NPRM), which is frequently the vehicle for changes in FAA procedures and regulations. NPRMs are published in the Federal Register; a public comment period is established, then a final rule including agency decisions on public objections is published at least 30 days before a new rule can take effect.

"There are frequent circumstances where our members have felt they did not have adequate opportunity for input to the FAA early enough before views and positions started to harden," said Yodice, concerned about an even more abbreviated procedure. "As limited as our rights may be (currently), we are not anxious to limit them any further. Today's requirements are the procedural 'floor' below which an agency may not go."

AOPA Air Traffic Control Survey Provides Feedback to FAA Policymakers

AOPA has provided FAA officials with survey data on pilot attitudes, kudos, and pet peeves regarding air traffic control. Responding to a request from the FAA for feedback on ATC operations, AOPA shared results from a special survey conducted for the FAA and from the organization's numerous regular surveys used to determine its policy positions. Among the study's key results:

• A majority of respondents — 55 percent — believe controllers should be required to provide weather information when requested to do so by pilots.
• Only 37 percent of those surveyed file a VFR flight plan either every time or most of the time they fly VFR. Some seven of 10 AOPA members polled would be significantly more likely to file a VFR flight plan if ATC facilities — including radar approach controls, towers, and enroute centers — could activate or close VFR flight plans.
• In the area of preflight weather briefing, 77 percent of those polled termed continuation of the DUATS computerized weather briefing service to be important, with 40 percent terming it "very important." DUATS users (38 percent of the survey) average 12 briefings a month compared to seven briefings for those who rely on FSS alone.
• In the area of new technology, 63 percent of those polled believe the FAA should develop datalink technology for general aviation. Technology is developing fast for non-voice transmission of ATC clearances, on-demand real-time weather, and other data to aircraft cockpits.
• The survey data was not so supportive of new automated weather reporting systems. More than three of every four members polled (77 percent) do not think AWOS and ASOS automated systems are accurate and dependable enough to replace human weather observers at this time.

The study was compiled from the special member survey for the FAA, recent AOPA policy surveys conducted by mail, and from telephone surveys conducted on AOPA's toll-free Pilot Information Center.

NBAA, AOPA Call for Top-Level Attention to Customs Service Problems

AOPA has challenged the U.S. Customs Service for top-level consideration of Customs problems affecting general aviation. "For more than two years, our associations have been formally advocating changes," said Phil Boyer, president of AOPA, which was recently joined in the effort by the National Business Aircraft Association, which represents some 3,400 companies that operate corporate aircraft. "We do not believe our suggestions have received the expeditious attention and review of senior-level decision makers," Boyer said.

Boyer and NBAA President Jack Olcott have requested a meeting with top Customs Service officials to move the initiatives ahead nationally throughout Customs. Proposals to improve Customs treatment of general aviation include:

• Establishing a single 24-hour-attended 800-number for advising Customs of estimated arrival times at airports of entry.
• Implementing a Selective Inspection program, similar to that for watercraft, sensibly targeting Customs inspections on known problem areas and suspicious activities. (AOPA has reminded U.S. Customs officials that most enforcement actions against aircraft are for only "technical violations" of notification rules and paperwork requirements.)
• A policy to refer alleged violations of FAA regulations to the FAA, rather than issuing citations based on Customs officers' interpretations of FAA rules.
• Issuing more up-to-date how-to-comply information by revising the agency's U.S. Customs Guide for Private Flyers, last published in 1991 and now badly out of date.

AOPA said the reforms sought would be in line with the Customs Service's stated plan "...to transform the culture of the Customs Service."

REGIONAL ACTION

Local Pilots Win a Victory on Unreasonable Airport Tenant Contracts

Aircraft owners in Visalia, California, won a victory for reasonable airport tenant agreements just 10 days after AOPA appealed for their fair treatment.

"We have noticed the increased use of hangar and tie-down agreements that contain insurance and indemnity provisions that are unreasonable," John S. Yodice, AOPA General Counsel, wrote to Mayor Basil Perch of Visalia. AOPA reminded the mayor that federal sponsorship assurance agreements require that airports receiving federal airport aid be made available to aeronautical users on fair and reasonable terms. Yodice said provisions of these new, "one-sided, take-it-or-leave-it" agreements "are all the more objectionable" in "contracts of adhesion in which one of the parties is powerless to negotiate a reasonable provision."

AOPA called the city's proposed new contract for hangar rental "overbroad" and "overreaching" in indemnification provisions and liability insurance requirements favoring the city. AOPA said some required insurance might not be reasonably obtainable from insurers for some owners. The city's indemnification clause required aircraft owners to indemnify the city for "negligence, gross negligence, and willful and wanton misconduct," except for what the contract called "intentionally malicious acts." Also required was indemnification of attorney fees and costs for both the city and "others."

Another provision stipulated the city could unilaterally change binding airport rules and regulations at any time. The city could also unilaterally "amend the insurance requirements...in the best interest" of the city on 30 days' notice. AOPA said such provisions for unilateral action "belie the term 'agreement,'" implying a meeting of the minds among all parties.

Visalia City Council agreed December 19 to change the controversial hangar lease. Sixteen Visalia aircraft owners — previously threatened with eviction — indicated they would sign the revised agreement, according to local reports.

AOPA Challenges Gunnison, Colorado, Officials on Control of Runway Lights

AOPA has challenged officials overseeing Colorado's Gunnison County Airport on control of runway lighting as a de facto nighttime curfew at this high-country Rocky Mountain airport. "Investigation by AOPA staff, and testimony at a public hearing last fall, further reinforce our belief that Gunnison County may in fact be using the current runway lighting situation as a means to create and maintain an illegal nighttime curfew," said Bill Dunn, AOPA vice president for regional affairs.

At issue is the control of Gunnison's runway lights by a manual system, rather than the now-common pilot-controlled lighting triggered by radio. Dunn told the Gunnison County Board of Commissioners it appeared the county maintained the old manual system not because of a lack of funds, but to keep lights out at night to create a de facto nighttime curfew at the airport. "In addition," Dunn said, "you erode a measure of safety for overflying aircraft."

AOPA told Gunnison County officials that the Colorado Aeronautics Board, after conversations with AOPA Regional Representative Bill Hamilton, would entertain an "out-of-cycle" grant request for up to 80- percent funding to finance pilot-controlled runway lighting at Gunnison and urged the county commission to seek this grant. Dunn reminded officials that federal airport grant assurances require that airports "shall be operated at all times in a safe and serviceable condition" and that sponsors make the airport available "on fair and reasonable terms and without unjust discrimination."

California Voters Approve Conversion of El Toro to Civilian Airport

AOPA has been invited to participate on the committee examining the potential conversion of the surplus Marine Corps Air Station El Toro in Orange County, California, to a civilian airport. AOPA will be represented by its Western Region Representative Jack Kemmerly, formerly director of aeronautics for the state of California.

El Toro has long been eyed as a key possibility for a new civilian airport in the growing Los Angeles-San Diego corridor. Because the conversion of MCAS El Toro is a sensitive political issue, the Orange County Board of Supervisors placed the question on the November ballot. The initiative passed by a slim 51-49 margin.

"Jack Kemmerly's direct involvement reflects AOPA's concern about the constructive preservation and re-use of surplus Defense aeronautical assets," said AOPA President Phil Boyer. "These airbase conversions are going very slowly. They need strong local leadership and require strong community support — which must be gained after leaders demonstrate the value of that airport to the community and its economic future."

AOPA is also working on airspace issues related to base closures, assuring that reduced military airbase infrastructure also means the return of related special-use airspace and restricted areas to normal air navigation.

MEMBERSHIP ACTION

Fax-On-Demand Service Will Soon be Available to AOPA Members

Essential aviation services will soon be available to AOPA members by fax, Kevin Murphy, AOPA's vice president of aviation services, has announced. The new 24-hour fax-on-demand service will offer members access to a variety of oft-requested documents ranging from sample aircraft lease agreements to current FAA medical standards for hypertension. The service is free.

A menu listing documents available will be published in the March issue of AOPA Pilot magazine (along with the toll-free telephone number for the new service). The menu will also be available as a fax.

"AOPA has provided this kind of valuable information to our members for years," said Murphy. "The new fax-on-demand service just makes it quicker, more efficient, and available 24 hours a day."

Among the documents available will be standard FAA and ASRS forms, essential paperwork for buying and selling aircraft, the latest information on pilot medical certification standards, flight planning and international procedures, and data on AOPA Certified services. Special information, such as flight procedures for AOPA Expo '95 or the AOPA Fly- In, will be added as needed.

AOPA's fax-on-demand service will be accessed through a toll-free call from any touch-tone phone. A voice menu will prompt members to choose the desired documents, then to enter the telephone number of the destination fax machine.

More than a quarter million requests for aviation information were handled by AOPA Aviation Services last year alone.

Karant Award Submission Deadline Set for April 14

The deadline for submissions for the 1995 Max Karant Awards for Excellence in Aviation Journalism has been set for April 14. Established in 1990, the Karant Awards, named for long-time AOPA Pilot editor Max Karant, recognize insightful and objective coverage of aviation issues in non- trade print, radio, and television media.

Entries must have been published or broadcast for public consumption between January 1 and December 31, 1994. Individuals who have previously won Karant Awards are ineligible, but those who have received honorable mention are eligible for judging by an independent panel of respected journalists from print, radio, and television.

Previous winners have included reporters from the Los Angeles Times, the Cleveland Plain Dealer, the Philadelphia Inquirer, Alaska and Wisconsin Public Radio, and television stations in Cincinnati; Miami; Portland, Oregon; and West Palm Beach, Florida.

The 1995 Karant Awards will be presented at AOPA Expo '95, to be held October 19-21 in Atlantic City, New Jersey.

1995 Pilot Town Meeting Schedule

Along with AOPA Pilot Town Meetings scheduled for February, AOPA President Phil Boyer has scheduled 24 meetings around the nation this year. The current schedule follows, but check AOPA Pilot each month for additions or changes. Meetings begin at 7:30 p.m. Call 800/USA-AOPA for locations and more information.

Santa Ana, CA (3/21); Burbank, CA (3/22); San Diego (3/23); St. Louis (4/18); Kansas City (4/19); Wichita (4/20); Hartford, CT (5/30); Providence, RI (5/31); Buffalo (6/1); Fairbanks, AK (8/15); Anchorage (8/16); Juneau (8/17); New Orleans (9/26); Orlando (9/27); Las Vegas (11/7); Livermore, CA (11/8); San Jose, CA (11/9); Baltimore (11/28); Arlington, VA (11/29); Norfolk, VA (11/30).

SAFETY ACTION

New Pocket-Size Flight Training Booklet Available

The AOPA Air Safety Foundation has just released an expanded version of The Flight Instructor's Companion — a pocket-size booklet containing practical test standards for the private pilot certificate and instrument rating, logbook endorsements, and checklists for flight reviews and instrument competency checks.

But don't let the title fool you: this little book is an invaluable tool for all pilots, providing a handy outline for both initial and refresher flight training. Available for $9.95; to order call Sporty's Pilot Shop at 800/SPORTYS.

NTSB Recommends Publishing Minimum Climb Speeds in Icing Conditions

The AOPA Air Safety Foundation is supporting an NTSB recommendation to publish minimum climb speeds for aircraft in icing conditions.

The pilot operating handbooks for aircraft approved for flight into icing conditions should, but often don't, contain this vital information. ASF is encouraging the FAA and GAMA to support this recommendation. Bruce Landsberg, executive director of the Foundation, addressed icing issues last month in his "Safety Pilot" column titled "Ice Folklore."

Did you know...

...that effective January 1, 1995, the U.S. Customs Service stopped collecting a $25 overtime charge for each arrival of a private aircraft or vessel outside normal duty hours? AOPA was instrumental in bringing this change about.

...that AOPA President Phil Boyer will be addressing the Northwest Aviation Show and Conference in Tacoma, Washington, on Saturday, February 11, and the Minnesota Sport Aviation Conference in Minneapolis on Saturday, February 18? Call 800/USA-AOPA for more information.

...that AOPA Air Safety Foundation Executive Director Bruce Landsberg will be addressing the New England Aero Club in Boston on Thursday, February 16? His subject: night IFR accidents and aeronautical decision-making, or "The Cookie Jar Effect." Call 800/USA-AOPA for more information.