NBAA Update Archive

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NBAA Update #02-38
Monday, September 23, 2002

FRACTIONAL RULE APPROVED BY FAA, NOW UNDER DOT REVIEW
On September 13, Acting FAA Administrator Monte Belger, in one of his last official acts, signed off on the final rule that creates Part 91 Subpart K and revises Part 135. The final rule now moves to the Department of Transportation, where the Office of the Secretary of Transportation will have a minimum of 90 days to review the FAA's work. Following review at the DOT, the rule will make one additional stop at the Office of Management and Budget for an additional review that will take at least 90 days. Assuming no delays, the FAA could publish Subpart K and the changes to Part 135 as soon as April 2003. For background information on Subpart K, visit:
www.nbaa.org/fractional

12-5 RULE COMMENTS DUE TO TSA BY NEXT MONDAY, SEPTEMBER 30
The Transportation Security Administration (TSA) published a notice in the August 28 Federal Register extending the comment period for those operators affected by the "Security Programs for Aircraft 12,500 Pounds or More," also known as the 12-5 Rule. Comments may be submitted to the TSA through Monday, September 30. The security program compliance date will be December 1, 2002. Download related pages from the August 28 Federal Register in PDF format at:
www.nbaa.org/ops/rules/TSA-2002-11604.pdf

TCAS GUIDANCE AVAILABLE FOR NBAA MEMBERS
NBAA Members are urged to review an ARINC Traffic Collision Avoidance System (TCAS) Transition Program Industry Alert Bulletin that was prepared following the release of a Japanese investigation into a near mid-air collision (NMAC) that occurred in 2001, the circumstances of which were nearly identical to a midair collision that took place in Germany this summer. This alert bulletin is available on the ARINC TCAS web site at www.arinc.com/tcas, where visitors also may subscribe to a TCAS e-mail list that keeps operators abreast of the latest information and guidance on the subject. NBAA encourages Members to review the ARINC alert bulletin, which is consistent with the Eurocontrol Airborne Collision Avoidance System material available on the NBAA web site at www.nbaa.org/intl/acas.htm. Members also can download the ARINC Alert Bulletin in PDF format directly from the NBAA web site at:
www.nbaa.org/cns

ADVICE ON CLEARING CANADIAN CUSTOMS
Several NBAA Members recently have reported minor problems in clearing Canadian Customs when they declared that they were carrying flareguns on board in response to the question, "Do you have any firearms onboard?" NBAA recommends that Members answer this question by stating: "There is a 'pyrotechnic signaling device' in the life-raft survival kit in accordance with Canadian, U.S. and international regulations." For more information, refer to U.S. FAR Part 91.509 - Survival Equipment for Overwater Operations, contact John McNamara at (613) 990-1027 or mcnamaj@tc.gc.ca, or contact NBAA's Bill Stine at bstine@nbaa.org.

AIRSPACE ACCESS OVER SPORTING EVENTS STILL RESTRICTED
On September 11, 2002, all waivers issued to aircraft operators for access to restricted airspace over sporting events were canceled after President Bush approved moving the Homeland Security Advisory System's threat level to high (orange). FAA and TSA continue to receive requests to authorize flights into restricted airspace over sporting events. Such operations can be authorized only under limited circumstances. For more information, visit:
http://www.nbaa.org/airspace/sportingevents.htm

SPACE SHUTTLE LAUNCH-RELATED RESTRICTIONS EXPECTED THIS WEEK
The next Space Shuttle launch from Kennedy Space Center is expected to take place between 2:00 and 6:00 p.m. on October 2, so aircraft operators planning to operate over central Florida that afternoon should check NOTAMs to determine what flight restrictions will be in effect during the launch of the Atlantis. A NOTAM on the subject is slated to be published later this week. The Atlantis is scheduled to land back at Kennedy Space Center on October 13. At this point, only one additional Space Shuttle mission has been scheduled for the remainder of 2002, the November 10 launch of Endeavour. For more information, contact NBAA at info@nbaa.org.

TAX NEWS FOR INDIANA AIRCRAFT OWNERS
In a recent Indiana Tax Court case, the taxpayer contested the imposition of the Indiana use tax on a motor vehicle that had already been subjected to sale tax in Florida. The Indiana Tax Court held that "because Indiana's use tax results in a greater effective tax burden on vehicles purchased out-of-state than vehicles purchased in-state, the Court holds that it discriminates against interstate commerce and so violates the Commerce Clause." Because the Court granted summary judgment in favor of the taxpayer, aircraft owners that have paid use tax to Indiana and were not allowed a credit for taxes previously paid to other states may be entitled to a refund of some or all of the Indiana tax paid. Owners should consider filing a refund claim, particularly if the statute of limitations is about to run out. For more information, contact NBAA's Greg Jackson at gjackson@nbaa.org.

AVOID TRAVEL DELAYS NEAR KANSAS CITY THIS WEEK
There are only a few races left for the 2002 NASCAR season. This week's race will take place at the Kansas Speedway in Kansas City, MO. Nearly 200 aircraft are expected to add to the operations at Kansas City International Airport (MCI); Kansas City Downtown Airport (MKC); Lawrence Municipal Airport (LWC) in Lawrence, KS; and New Century Aircenter (IXD) in Olathe, KS. Aircraft are expected to arrive at these airports on Thursday, September 26 and depart immediately following the race on Saturday and Sunday, September 28 and 29. Please plan flights accordingly to avoid delays and congestion. For more information, visit the Race Team Aviation Association web site at www.rtaa.org or contact NBAA's Dean Saucier at dsaucier@nbaa.org.

ONE NBAA MEMBER'S SAFETY TOUR PROVIDES AN EXAMPLE FOR OTHERS
Mitch Vuernick, CIGNA safety officer and an NBAA and Connecticut Business Aviation Group Member, recently toured Bradley International Airport (BDL) at the request of the local FSDO to review safety operations at the airport. Vuernick uncovered several issues that could affect the safety of operations for both general and commercial aircraft that previously had gone unnoticed by the FSDO during their normal day-to-day operations. The FSDO employees were appreciative that Vuernick was able to bring these concerns to their attention, and they immediately started to address them. NBAA encourages its Members to follow this example and tour their respective airports in order to point out and address safety concerns that may go unnoticed by FSDO personnel. For more information, contact NBAA's Dean Saucier at dsaucier@nbaa.org.

AVIATION SECURITY BRIEFING SLATED FOR THIS WEDNESDAY IN ATLANTA
Global Aerospace and Universal Weather & Aviation, Inc. will host a Business Aviation Security Briefing this Wednesday, September 25 in Atlanta to review the industry's corporate aviation security best practices. Sessions will focus on international terrorism, FAR Part 91 and 135 security, and other security issues. The event will be held at Bell South Corporate Aviation & Travel Services, 4005 Fulton Industrial Blvd., Fulton County Airport, Atlanta, GA, tel: (404) 699-8300. There is no fee for this briefing, which includes refreshments and lunch, but pre-registration is mandatory. Contact Global Aerospace's JoAnn LaRusso at jlarusso@global-aero.com.

NBAA BOARD COMMENTS ON FLIGHT ATTENDANT TRAINING ISSUES
In response to a request by the NBAA Flight Attendants Committee, the NBAA Board of Directors stated that when a Member Company uses an assigned flight attendant onboard a corporate aircraft, that person should possess the proper safety and security training. Moreover, that person should be prepared to assist the pilot-in-command in all cabin and passenger safety and security issues. For more information, contact NBAA's Jay Evans at (202) 783-9353 or jevans@nbaa.org, or visit:
www.nbaa.org/pr/2002/20020919-050.htm

ADDITIONAL NBAA2002 PHOTOS NOW ONLINE
To review articles and photos from the NBAA 55th Annual Meeting & Convention in Orlando, including newly added Static Display of Aircraft photos, visit:
http://www.nbaa.org/conventions/2002