FAA Regulatory Review

Challenges for 2011 and Beyond

Presented to: NATA Air Charter Summit 2011 By: John M. Allen FAA Flight Standards Service Date: June 7, 2011

Federal Aviation Administration

FAA Office of the Administrator

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AVS Organization

Associate Administrator, AVS-1 Peggy Gilligan Deputy Associate Administrator, AVS-2 John Hickey Aircraft Certification Service AIR Dorenda Baker Flight Standards Service AFS John Allen Office of Aerospace Medicine AAM Dr. Fred Tilton Office of Accident Investigation and Prevention AVP Tony Fazio Air Traffic Safety Oversight AOV Tony Ferrante Office of Rulemaking ARM Pam Hamilton Office of Quality Integration & Executive Services AQS Tina Amereihn

Over 7,000 Employees dedicated to Aviation Safety FAA Regulatory Review - NATA Federal Aviation Administration 3

Flight Standards Service (AFS)

Staff of over 5,100 Employees Director, AFS-1 John Allen FAA Regulatory Review - NATA

Deputy Director AFS 2P

John McGraw

Deputy Director AFS 2F

Raymond Towles Federal Aviation Administration 4

Flight Standards Field Operations

Deputy Director

AFS-2F Raymond Towles SASO Program AFS 30

Dennis Niemeier

Alaskan Region

Angela Elgee

Quality Assurance Staff AFS 40

Larry Barklage

Northwest Mountain Region

Bradley Pearson

Southwest Region

Michael Zenkovich

Eastern Region

Larry Fields

Certification & Surveillance AFS 900

David Gilliom

Western Pacific Region

Nick Reyes

Central Region

Larry Richards

Great Lakes Region

Jim Gardner

Southern Region

Tom Winston FAA Regulatory Review - NATA Federal Aviation Administration 5

Flight Standard Policy Oversight

Deputy Director AFS-2P John McGraw

AVS APMO AFS 6

Laurie Camilien Pietrak

Flight Program Office AFS 60

Euel Henry

Aircraft Maintenance AFS 300

Carol Giles

Regulatory Support AFS 600

Van Kerns

Executive Staff AFS 10

Mike McCafferty

Org Resources & Program Mgmt AFS 100

Amelia Robbins

Flight Technologies and Procedures AFS 400

Leslie Smith

Civil Aviation AFS 700

John Bent

Int’l Program and Policy AFS 50

John Barbagallo

Air Transportation AFS 200

John Duncan

Training AFS 500

Marcia L. Payne

General Aviation & Commercial AFS 800

Mel Cintron FAA Regulatory Review - NATA Federal Aviation Administration

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Our Mission

To assure the safety, while enabling the adventure, commerce and service of aviation.

• • • • AVS has three main

functions

: We set

standards

airmen and aircraft.

for training and certification of We

certify

airmen and aircraft on the basis of those standards.

We ensure their

continued operational safety

through oversight and surveillance.

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Today’s Topics

• Funding/resource challenges • 135 flight duty and rest • Standardization issues • Part 135 illegal charter hotline report • Block Aircraft Registration Request (BARR) program changes

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Funding & Resource Challenges

• Budget constraints will require us to refocus priorities and resources. • These fiscal realities will affect the FAA’s ability to meet the challenges of designing, manufacturing, regulating, and operating new aircraft.

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Standards

Congress clearly established the FAA’s priorities with passage of HR 5900, the Airline Safety and Federal Aviation Administration Extension Act of 2010.

• • • The focus of the Safety Bill is pilot training, professionalism and professional development.

It includes 8 rulemaking actions; 11 studies, task forces or reports to Congress; and 1 database. It also mandates that we establish a number of new standards for pilot training and certification.

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Standards – Flight Duty & Rest

• • • The FAA is currently revising its flight and duty regulations in 14 CFR part 121. We are working through public comments on the NPRM in order to publish a final rule by the July 31 deadline.

It is likely that future rulemaking efforts will propose extending the part 121 rule to part 135.

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Standards – Flight Duty & Rest

• Whitlow interpretation issued on Nov 20, 2000 and currently applies to part 121 domestic operations: • Look-back minimum 9 hour rest or 8 hour compensatory rest • Defines circumstance beyond and under the control of the certificate holder • Prohibits continued operations that would encroach on the rest period • Proposed interpretation to apply Whitlow to part 135 has been submitted for public comment

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Standards – Other Actions

• • •

FRMS

- We have received and reviewed Fatigue Risk Management Plans from each part 121 air carrier.

Commuting

- The National Academy of Sciences (NAS) will conduct a study of the effects of commuting.

SMS

Comment period on the FAA’s SMS rulemaking closed on March 7.

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Standards – Other Actions

• • •

Pilot Certification and Qualification

– ARC completed its work in November; draft NPRM is in coordination.

There will be issues of interest; we strongly urge NATA members to review carefully and comment.

Concept is being considered.

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Continued Operational Safety

• • Assurance of

continued operational safety

is also a priority. We have to make sure that certificated airmen, aircraft, and entities already operating in the NAS do so in accordance with the established safety standards.

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Continued Operational Safety

• • We must evolve our safety oversight system and embrace the view that industry — not the regulator — is responsible for ensuring safety. • • • SMS is a critical element. It will: Give certificate holders accountability for managing their safety.

Allow FAA to identify areas that warrant attention.

Make it possible for us to keep up with new technologies and processes in industry, NextGen.

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Certification

• • • With regard to the FAA’s

certification

function: Through HR 5900, Congress directed the FAA to focus efforts and resources on certain

standards

.

Our fundamental responsibility requires that we ensure the

continued operational safety

of airmen, aircraft, and entities we have already certificated.

FAA Regulatory Review - NATA Federal Aviation Administration 17

Certification

• • These realities squeeze certification: • We cannot justify new certification without first assuring that we will be able to fund effective and proper oversight of those already operating. Improved use of designees and SMS will be critical to the FAA’s ability to support certification of new entrants for business aviation.

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Standardization Issues Aviation Safety (AVS) Quality Management System (QMS)

•

AVS Quality Policy

•AVS is committed to providing the world's safest aerospace system. AVS achieves this goal by meeting the requirements of the AVS quality management system, responding to our customers, valuing the contributions of each employee, and continuously improving our processes.

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Standardization Issues

•

The QMS helps AVS accomplish its safety mission by:

– Standardizing AVS processes – Ensuring that requirements are met – Improving processes and systems • Metrics gathered monthly and analyzed for trends across the service – Valuing the contribution of our employees

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Standardization Issues

•

Consistency & Standardization Initiative (CSI) provides a way for stakeholders to appeal a decision made by an AVS office or individual in performing regulatory/policy duties

– Document aviation safety decisions – Promote early resolution of disagreements – Promote consistency and fairness in applying FAA regulations and policies •

Stakeholders must be prepared to use it.

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Part 135 Illegal Charter Hotline

•

The FAA has received 27 NATA hotline reports.

– These include 24 alleged illegal part 135 activities and 3 airman issues.

•

Disposition:

– 12 still under investigation or enforcement – 9 determined to be legal flights – 4 did not include enough information to substantiate – 1 pilot certificate suspension – 1 proposed pilot certificate suspension

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BARR – Block Aircraft Registration Request

•

On June 3, 2011, the FAA published its decision to limit BARR grants to requesters who have provided a Certified Security Concern by July 5.

•

As stated in the Federal Register notice, the FAA believes this change is justified by disclosure and openness requirements set forth in Federal law, executive branch policies and directives, and court decisions.

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• •

Destination 2025

Destination 2025 is a long-term, strategic vision for transforming our nation’s aviation system and the FAA. • • • • It is a holistic and aspirational view of the future that will drive the FAA toward: Achieving the next level of safety Implementing NextGen Equipping and organizing the FAA workforce to take on future challenges Building a FAA culture based on collaboration and open communication.

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FAA Regulatory Review - NATA

John Allen AFS-1 ([email protected])

Federal Aviation Administration 25