AOPA, TSA Cooperate to Refine Alien Flight-Training Rule
By the time the alien flight training/citizenship validation rule went into effect for all pilots on December 20, 2004, it was a markedly different rule than originally imposed, thanks largely to the hands-on efforts of AOPA.
"AOPA was the first aviation association to raise a red flag when the Transportation Security Administration issued the interim final rule last September without any notice or the usual public comment period," said AOPA President Phil Boyer. "But recognizing that the problems were in the rule's implementation, not its intent, we reached out to TSA and offered to work with them — not against them."
Using AOPA's knowledge of general aviation to complement the TSA's security capabilities, AOPA staff members worked with their TSA counterparts to find ways that accomplished the rule's intent — preventing foreign terrorists from using the United States' own flight training facilities against the United States — while minimizing additional burdens placed on pilots.
The rule requires that flight instructors verify the nationality of flight students seeking a private pilot certificate or instrument or multiengine rating, and if they're foreign nationals (aliens), have them undergo a criminal background check.
Originally the rule was to have gone into effect for all pilots on October 20, 2004 — a scant 30 days after the final rule was issued. As written, it could have required all pilots regardless of nationality to undergo background checks, even if they were simply taking a flight review or spending an hour with a flight instructor for recurrent training. Flight instructors also would have been required to retain a copy of each student's proof of citizenship (such as a birth certificate or passport) for five years.
AOPA first convinced the TSA to postpone the effective date for foreign nationals for an additional 60 days, until December 20, and then won clarification of what type of training the rule addressed (new ratings and certificates, not recurrent training). The TSA also dropped the record retention portion of the rule at AOPA's suggestion, instead requiring only a logbook endorsement noting that a pilot's nationality had been confirmed.
AOPA continued to work with the TSA after the October 20 effective date, ultimately coming up with a compromise that allowed the agency to drop its requirement that flight instructors appear in person at their local flight standards district office (FSDO) to register to train aliens.
As the December 20 date passed, though, there remained some work to be done. AOPA continued working to convince the TSA to limit the kinds of training that trigger background checks to primary and multiengine training. The TSA, however, still insisted that instrument training also require background checks. Officials noted that pilots with instrument training have learned to more precisely control their aircraft, and that all of the September 11, 2001 terrorist pilots had instrument ratings.
Resident aliens — foreign nationals who hold "green cards" and are entitled to almost all of the same rights as U.S. citizens — still have to undergo the same background check as foreigners who have just arrived. Privately, security officials have expressed reservations to AOPA about the completeness of "green card" background checks.
"Federal security officials have made clear to us that there will never be a return to pre-9/11 security measures," said Boyer. "So with that in mind, AOPA will continue to press the government to always look for the least intrusive way to enhance security."
AOPA Prepares for New Leadership at Homeland Security
Early December's withdrawal of Bernard Kerik, President Bush's first choice to become the new secretary of homeland security, offered an opportunity to address some concerns raised by the nomination.
"Bernard Kerik has a commendable background in law enforcement — especially his role as New York City police commissioner in the wake of the 9/11 attacks," said AOPA President Phil Boyer. "But he had no experience with GA, and appeared to have very little, if any, background in policy making or dealing with multiple, competing constituencies.
"The secretary of homeland security should ideally be an apolitical job concerned only about protecting the United States," said Boyer. "But it's going to take a politician's ability to listen to the needs of many constituents and find solutions that improve security while minimizing burdens on those constituents."
By the time this issue of AOPA Pilot reaches members' homes, a new nominee is likely to have been named and perhaps even confirmed. The one certainty is that as soon as the new secretary of homeland security is on the job, AOPA will be knocking on the door, explaining the importance and many benefits of general aviation.
NATIONAL ACTION
AOPA Calls Chicago's Response to FAA Meigs Investigation 'Revisionist, Insulting'
When the City of Chicago claimed that Meigs Field was "abandoned" and "had to be cleaned up," AOPA called the assertion an insulting, revisionist explanation that warps the truth. The claim was contained in a response from the city's attorneys to an FAA investigation into whether Chicago improperly used $1.5 million in airport development funds earmarked for Chicago O'Hare International Airport to pay for the Meigs demolition.
Chicago's 40-page response in essence said that the city had no choice but to use funds not only from O'Hare but also from Chicago Midway International Airport to clean up the abandoned Meigs Field or face a lawsuit from the airport's landowner, the Chicago Parks District. The Chicago Parks District is ostensibly separate from the City of Chicago, but its seven-member board is appointed by the mayor of Chicago, and its current superintendent is the person who oversaw the initial Meigs demolition work as Mayor Richard Daley's chief of infrastructure and operations.
"This is yet another insult. Our 400,000 members know this airport wasn't abandoned. Meigs Field was willfully destroyed by elected officials using public monies that were intended for airport construction, not destruction," said AOPA President Phil Boyer. "It's clear that the city is once again engaging in revisionist history and justification."
In its response, the city acknowledged that it formally notified the FAA of the "deactivation of Meigs" on the same day the demolition began — not 30 days prior, as required. City attorneys also acknowledged that a total of $2.8 million in airport development funds from O'Hare and Midway were used for the demolition project, but claimed there was precedent for doing so, citing examples in Denver and in Austin, Texas. What they did not say in their brief was that in both cases, the old airports were replaced with new airports, and the FAA had approved the expenditure of funds in advance.
If the FAA determines that Chicago used federal airport funds improperly, it could fine the city three times the amount of diverted funds. Based on the city's admission that it used $2.8 million, that could make the fine $8.4 million, in addition to $33,100 for improper notification.
Congressional Action Results in Overhaul of Future Pilot Certificates
The final action of the 108th Congress is going to change what pilots carry in their wallets. The so-called 9/11 Intelligence Reform bill includes a provision requiring the FAA to develop and implement a new pilot certificate that includes a photo ID and biometric data within one year. AOPA worked closely with Congress to address some of the problematic implementation questions, such as where and how pilots would get their photographs taken, and how long the FAA would have to begin issuing the new certificates.
Shortly after the September 11, 2001, terrorist attacks, AOPA and the General Aviation Coalition made a number of security enhancement recommendations including the requirement for a photo ID certificate. AOPA also suggested, and the FAA agreed, that requiring pilots to carry a government-issued photo ID such as a driver's license in addition to a pilot certificate would be a good interim security measure.
Under the bill sent to President Bush, aviation medical examiners (AMEs) would be able to take pilot ID photos. Originally, pilots were going to be required to make an appointment at the nearest FAA flight standards district office to get their pictures taken. AOPA also told Congress that the original plan to give the FAA only 90 days to develop and begin issuing the new certificates was unrealistically short. In the end, Congress gave the agency one year.
"Even before the September 11 attacks, the FAA was woefully behind the times when it came to photo ID certificates," said Andy Cebula, AOPA's senior vice president of government and technical affairs. "But as we saw with the alien flight-training/citizenship validation rule, rushing implementation can cause more problems than it solves." (See " AOPA, TSA Cooperate to Refine Alien Flight Training Rule," page 14.)]
MEMBERSHIP ACTION
AOPA Answers Turbine Pilots' TAWS Questions
Time is fast running out for owners of turbine-powered aircraft that can carry six or more passengers to install a terrain awareness warning system (TAWS). And to answer the increasing number of questions, AOPA aviation technical specialists and regulatory affairs staff have prepared a frequently asked questions page for AOPA members. It's available in the members section of AOPA Online (www.aopa.org), under Info Resources/FAQs — Aviation Subject Reports. Look for "Terrain Awareness Warning Systems (TAWS)."
FAR 91.223, which establishes the TAWS requirement, went into effect on March 29, 2002, and gave pilots of existing turbine-powered aircraft a three-year grace period. After March 29, 2005, affected aircraft that have not been outfitted with a TAWS unit may not be legally operated.
AOPA Upgrades Member Services in Medical Certification Department
AOPA recently completed several major upgrades to help Medical Certification better serve members. The improvements make it easier for members to contact AOPA's Medical Certification staff, and for the staff to stay in touch with the FAA's Aerospace Medical Certification Division in Oklahoma City.
First and foremost, AOPA has installed enhanced, state-of-the-art encryption software to ensure that all member medical status inquiries that AOPA submits to the FAA have the highest degree of protection available.
In addition to encrypted data transmission enhancements, AOPA has installed a customized medical status inquiry management database. The new system was designed by AOPA's in-house Web developers, who understand what pilots need. It allows the medical certification staff to track member medical cases as they're routed through the FAA's certification process. Members can submit a status check request online ( https://www.aopa.org/members/medical/status_request.cfm).
If your medical expires soon, be prepared by using AOPA's interactive online medical application, TurboMedical ® ( https://www.aopa.org/members/medical/medform/). It's easy. TurboMedical walks you through the medical form step by step. It helps you avoid possible issues by flagging answers that could trigger questions or concerns by the FAA, and links you to additional information that can help address those questions.
"Going in for an FAA medical exam unprepared is an invitation to be grounded for months," said Gary Crump, AOPA's director of medical certification. "But having complete medical records available for the aviation medical examiner may result in an issuance in the office.
"If your application does have to be deferred, you're ahead of the game because the AME will send the records on to the FAA, where they will be logged into the system for processing and review."
Additional tips that can help reduce the time you're without a medical are available online ( www.aopa.org/members/files/medical/tips.html).
AOPA Sponsors Aviation Conference
AOPA President Phil Boyer will be the keynote speaker at the Northwest Aviation Conference and Trade Show in Puyallup, Washington. Safety seminars during the February 26 and 27 event cover such topics as mountain and IFR flying, as well as presentations from the AOPA Air Safety Foundation. AOPA is the premier event partner sponsor for the conference; Boyer speaks at 1 p.m. February 26. Attendees will be able to visit more than 200 booths. The conference is conducted at the Western Washington Fairgrounds in Puyallup. Fly-in attendees can land at Pierce County Airport. A free shuttle will be provided. Visit www.washington-aviation.org or call 866/922-7469.
Renters Insurance Provides Legal Defense
Aircraft renters may be putting themselves at great financial risk when they fly if they don't carry a renters insurance policy. The average cost of an aviation claim is $30,000. In addition, legal fees average $20,000 per accident, but can exceed hundreds of thousands of dollars depending on the circumstances.
An aircraft renter may be responsible for any damage to the aircraft and any property involved in an accident, as well as any injuries to passengers or bystanders. In fact, the insurance company providing coverage to the owner of the aircraft may sue the renter — a practice known as subrogation — for damage the renter causes to the insured aircraft.
A nonowners policy can provide liability coverage for property damage and bodily injury, coverage for damage to nonowned aircraft, Civil Air Patrol coverage, and a list of employers as additional insured. Legal defense costs will be covered by the underwriter in the event of an accident or claim.
Ask your FBO if it has insurance and find out if students and renters are covered for damage to the aircraft as well as personal injury and any property damage. Find out if the FBO provides a waiver of subrogation for renters and who is responsible for the deductible.
Visit the AOPA Insurance Agency Web site ( www.aopaia.com/renters insurance) to learn more about renters insurance or to purchase your own coverage, or call 800/622-2672.
AOPA Air Safety Foundation
Jack Frost's Nipping at Your Wings
Most of the country is now fully in the grips of winter, and that means pilots face a whole different set of challenges than they do all the rest of the year. Those challenges can begin from the moment a pilot approaches an aircraft and sees a sheen of frost or dusting of snow glinting in the sun. Frost was an early suspect in the recent Colorado accident involving a Bombardier Canadair Challenger 601 carrying NBC executive Dick Ebersol.
Because wing contamination is such an insidious wintertime problem, the AOPA Air Safety Foundation has developed a Safety Brief to help pilots deal with it.
"By their very nature, frost and snow disrupt smooth airflow over an aircraft's wing," said ASF Executive Director Bruce Landsberg. "They increase an aircraft's stall speed, decreasing the pilot's margin of safety."
The tips run from the obvious — melt the frost or snow in a heated hangar — to the not so obvious — make a "deicer in a can" using common automobile windshield deicer, rubbing alcohol, or polypropylene antifreeze. The Safety Brief also warns against scraping the snow or frost off with a credit card, automobile windshield scraper, or brooms, since they could scratch the wing paint.
The wing contamination Safety Brief is the second in a series designed to give pilots some quick guidelines for dealing with critical safety issues. The first in the series, the highly successful Terrain Avoidance Plan, shows pilots easy ways to determine safe altitudes using information readily available on sectional and en route charts.
ASF Updates Ensure Pilots' Flight Instructors Are Up to Date
With the addition of five revamped units in January, fully half of the AOPA Air Safety Foundation's Flight Instructor Renewal Course (FIRC) has been completely updated over the past year. And the remaining half is scheduled to get a complete makeover this year.
That's good news for pilots doing any flight training or review, because it means the person in the right seat is completely up to date on the latest teaching techniques, equipment, and FAA regulations.
"Between regulatory changes and ever-advancing technology, the Air Safety Foundation is constantly reevaluating and updating the FIRC curriculum," said ASF Executive Director Bruce Landsberg. "Doing so doesn't just make better flight instructors, it helps make their students better, safer pilots."
Brand-new for January are the units on basic flight instruction, weather, airspace, transitional training, and teaching safe pilot performance. Other units updated within the past year include aviation regulations, aeronautical decision making, and GPS navigation.
Although geared specifically to flight instructors, ASF FIRCs, both in-person and online, are open to all pilots for a nominal fee. To learn more about the courses, when and where they're available, and how to sign up, visit the Web site ( www.aopa.org/asf/firc/).
AOPA AIRPORT SUPPORT NETWORK
Volunteer of the Month: Lynne Birmingham
Jekyll Island Airport, located approximately five miles southeast of Brunswick in the famed Georgia "Golden Isles" region, has been the target of land developers who see the airport's 33 acres as prime property for new high-priced homes rather than airplanes in the new master plan that is attempting to make the state park island an upscale resort area.
The Jekyll Island Authority (JIA), the administrative oversight board, which is appointed by the governor of Georgia, began talking about doing away with the island's airport, which, along with a single bridge, is one of only two ways onto the island. Lynne Birmingham, AOPA's Airport Support Network volunteer for Jekyll Island Airport, brought the threat to the attention of all who would listen, including the Georgia Department of Transportation, the FAA, the governor's office, and one of Georgia's biggest newspapers, the Atlanta Journal-Constitution, and other local media. One of the officials she contacted, an AOPA member, suggested bringing the matter to AOPA's Southeast Regional Representative Bob Minter, who helped focus the fight. Together they contacted numerous pilots and authorities to join in the battle. The FAA weighed in with a letter that supported the continued operation of the airport and highlighted current federal grant obligations.
Thanks to Birmingham our members' voices were heard. Now the JIA has agreed to listen to AOPA's suggestions on maximizing the viability of the airport's potential revenue stream as part of the island's master development plan. While Jekyll Island Airport has won today's battle, AOPA and Birmingham know we still must keep a watchful eye and offer a guiding hand to the JIA in the coming months.
AOPA ASN Volunteer Update
Just more than seven years ago, a concept became reality when the AOPA Airport Support Network (ASN) was created. The idea was simple: Organize a group of AOPA members to volunteer their time to act as the association's eyes and ears at their local airports. Although the concept made sense, the logistics of coordinating such a massive effort were overwhelming. Think about it — there are more than 5,400 public-use airports throughout the United States and, as every pilot knows, no two airports are the same!
Although land compatibility, funding, and noise issues are sadly common, AOPA recognized that each community's response could not be addressed with one sweeping policy from headquarters. So the association began recruiting a locally based cadre of volunteers that would enable AOPA to have a presence in each airport community. The volunteers could help the association fight to keep airports safe, affordable, and open to all general aviation pilots. This was the birth of the AOPA Airport Support Network.
In 2005, the Airport Support Network has grown to become one of AOPA's most important assets. It is a program envied and respected throughout the industry and even across associations. Volunteers who are willing to say to local or even federal officials, "You have to go through me if you want to get to my airport," is one of AOPA's most powerful tools.
The volunteers need the support of the local pilot community. Find out if your airport has an ASN volunteer and if so, offer your support. If not, consider nominating someone or volunteering yourself. To learn more about the AOPA ASN program, visit the ASN Web site ( www.aopa.org/asn/) or call 301/695-2200.
Public-use airports in the United States are closing at the rate of about one every two weeks. The AOPA Airport Support Network designates one volunteer per airport to watch for threats and encourage favorable public perception of general aviation. For more information on how you can help support your airport, visit AOPA Online ( www.aopa.org/asn/).
Action in the States
Nebraska. Omaha: AOPA Airport Support Network volunteer Forrest Stevens is leading a coordinated effort at Millard Airport to head off construction of a large hotel that would force an amendment to all instrument approaches there. The hotel's developer claimed that because the procedures can be amended, there was no need to change the plans for the hotel. But the Omaha Airport Authority presented a survey to the FAA showing the hotel would create an air traffic safety hazard.
Texas. San Marcos: ASN volunteer Bryan Whisenant is circulating a petition asking the San Marcos Municipal Airport to forestall the proposed closure of one of the airport's four runways. Whisenant was told that the FAA will only fund maintenance of two runways and the city feels it can only pay for maintenance on one other. However, the FAA will pay to maintain another taxiway, so the city is considering turning one runway into a taxiway. Whisenant's petition asks the city to keep the runway open until all interested pilots can voice their concerns.
Virginia. Manassas: Manassas Regional Airport ASN volunteer Pat Donovan played an integral role in the inaugural meeting of a Good Neighbor Policy Committee, formed after an increase in noise complaints. Donovan showed AOPA's Flying Friendly video and the committee decided to incorporate many of the video's suggestions in its proposal for dealing with the noise issue.
