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NBAA Update #03-36
Monday, September 8, 2003
NBAA Update is the National Business Aviation Association's weekly e-mail newsletter, providing the latest operational, regulatory and political news for the business aviation community. Subscribe for free or review the archives at www.nbaa.org/update. Send your comments about NBAA Update to [email protected].
FOUR WEEKS FROM TOMORROW IN ORLANDO
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DEPARTMENT OF HOMELAND
SECURITY ISSUES NEW SECURITY ADVISORY
Today, the Department of Homeland Security issued an advisory restating the threat of terrorist activity to general aviation. Operators are urged to review the NBAA Best Practices for Business Aviation Security at www.nbaa.org/ops/security/bestpractices.htm. For more information, visit:
NBAA TO HOLD SECURITY TRAINING SEMINARS
NBAA will offer a new seminar called "NBAA Security Training for Part 91 Operators" based upon the proof-of-concept security project developed in partnership with the Transportation Security Administration (TSA). NBAA has performed security training seminars for Part 91 operators based at Teterboro (TEB), Westchester County (HPN) and Morristown (MMU) airports. These "Train-the-Trainer" sessions have given participants the materials necessary to train their companies' employees to meet the standards required to obtain a TSA Access Certificate (TSAAC), which eventually may grant TSAAC holders access to TFRs equivalent to scheduled air carriers. Locations of upcoming security training seminars are: Boston, MA, October 20; Detroit, MI, October 23; Burbank, CA, October, 28; and Seattle, WA, October 30. Although the TSA has not yet expanded the proof-of-concept security project to allow TSAAC applications from operators based outside of TEB, HPN and MMU, the TSAAC program may be launched nationally after the first of the year. For more information, contact NBAA's Eric Ramsdell at [email protected], or visit:
CONSISTENT WITH NBAA POSITION ON CONTRACT TOWERS
NBAA commends the Department of Transportation Inspector General on the release of the report, "Safety, Cost, and Operational Metrics of the Federal Aviation Administration's Visual Flight Rule Towers," which clearly identifies the safety and cost benefits of the FAA's Contract Tower Program. "We commend the Department's Inspector General Ken Mead on his thorough, independent analysis of the contract tower program," said NBAA President Shelley A. Longmuir. "The results contained in this unbiased report show unequivocally the safety benefits to the aviation community and the cost savings to the American public," continued Longmuir. For more information, contact NBAA's Doug Carr at [email protected], or visit:
FAA REAUTHORIZATION BILL JEOPARDIZED BY ATC LABOR DISPUTE
Final Congressional consideration of legislation to reauthorize the FAA, which contains several important provisions initiated and/or supported by NBAA, is being delayed primarily by disagreement over the potential increase in the number of contract towers. NBAA is working to help overcome this challenge and gain passage of the four-year $59 billion measure. For more information contact Pete West at (202) 783-9262 or [email protected].
FY '04 TRANSPORTATION APPROPRIATIONS CHALLENGES
The House passed its version of the FY04 transportation appropriations measure late last week, but $3.5 billion for the Airport Improvement Program (AIP) have been stricken from the bill; the Senate version of the legislation includes the AIP funding, which is supported by the NBAA. NBAA opposes another provision, currently in the House and Senate measures, that would prevent the FAA from using any funds to overturn the 36-year old, 100,000-pound weight limit at Teterboro Airport (TEB). For more information contact Pete West at (202) 783-9262 or [email protected]
NICK SABITINI TO PARTICIPATE AT NBAA2003
NBAA has confirmed that Nick Sabatini, FAA's Associate Administrator for Regulation and Certification will participate in the Annual Meeting and Convention in Orlando, October 7-9, 2003. Sabatini will be a featured speaker during the "Meet the Regulators" program scheduled for Tuesday, October 7 at 4:00 p.m. Sabatini will present the latest information on regulatory and certification issues affecting the business aviation community. For more information, contact NBAA's Doug Carr at dcarr[email protected] or visit:
PRESIDENTIAL TFRs EXPECTED THIS WEEK
President Bush is expected to attend several fundraising events this month, including fundraisers in Fort Lauderdale and Jacksonville, FL on Tuesday, September 9; and Philadelphia, PA on Monday, September 15. Also, Vice President Cheney is scheduled to attend a fundraiser in Portland, ME on September 15. NBAA continues to monitor restrictions to airspace and advise its Members of the latest TFR locations that could cause major disruptions. Since the TFRs are announced shortly before they go into effect, Members must continue to use all resources to prevent flying into restricted airspace. Operators are urged to review NOTAMs carefully prior to every flight. For additional dates and locations of anticipated Presidential TFRs, visit:
DASSAULT FALCON JET'S FLIGHT DEPT BECOMES 10TH TSAAC HOLDER
The TSA advised NBAA late last week that it has issued a TSAAC to the flight department of Dassault Falcon Jet. Nine other operators hold TSAACs in the proof-of-concept program, and an additional 25 operators are expected to apply for TSAACs as a result of the August 2003 NBAA TSAAC training sessions held at HPN and MMU. For more information, contact NBAA's Eric Ramsdell at [email protected]
FUEL TAX CLAIMS ALLOWABLE UNDER "ONE-CLAIM RULE"
The U.S. Court of Appeals (Federal Circuit) has concluded that the "one-claim rule" under IRC section 6427(l) does not preclude the taxpayer from filing amended fuel tax claims. In The Western Company of North America v. United States, the court determined that section 6427 was never meant to limit the taxpayer to a single, non-amendable claim each year. NBAA Members that are amending their income tax returns to claim additional credits should cite this case and its findings in their narrative. Additionally, the statute of limitations is about to expire for some older years, so Members should file their claims to protect those tax periods. For more information, contact NBAA's Mike Nichols at [email protected], or visit:
WHAT FEES MUST
COMMERCIAL OPERATORS REMIT FOR INTERNATIONAL ARRIVALS?
When arriving into the United States from a foreign location, commercial operators are subject to several Federal inspection fees. The agencies requiring remittance of these fees are Customs, Immigration & Naturalization, and the USDA's Animal & Plant Health Inspection Service (APHIS). Customs fees are $5 per passenger and Immigration fees are $7 per passenger. APHIS fees are $3.10 per passenger and, if carrying certain food products, $65.25 per aircraft. There typically is no billing for these fees, and operators are expected to directly pay each agency quarterly. As with any rule, there are exemptions and exceptions, which, along with remittance information, can be found on NBAA's web site at www.nbaa.org/customs/fees. For further information, contact the Operations Service Group at (202) 783-9250 or [email protected].
AIRPORTS IN MESA, AZ
AND ROSWELL, NM DESIGNATED AS USER FEE AIRPORTS
The U.S. Bureau of Customs and Border Protection (CBP) has designated Williams Gateway Airport (IWA) in Mesa, Arizona and Roswell Industrial Air Center (ROW) in Roswell, New Mexico as "user fee" airports. A user fee airport is one that does not qualify for designation as an "international" or "landing rights" airport but has been approved by the CBP to process aircraft entering the United States for a fee. There are now more than three dozen user fee airports in the United States. For additional Customs information, visit:
NBAA SAFETY COMMITTEE
HOW CAN I OBTAIN THE BEST FLIGHT DEPARTMENT TRAINING?
Actively participate in the development and delivery of your training provider's curriculum. The industry's training vendors have played a key role in achieving business aviation's enviable safety record. But just as no two flight departments are exactly alike, neither are all of their particular training needs. Further strides in reducing operational risks may include a more proactive and cooperative approach to training. Maintain a close and frequent dialogue with your training vendors by providing detailed training needs, expectations and constructive feedback. To find a training provider, start by visiting the NBAA Products & Services web site at:
ANNOUNCING NBAA'S AVIATION FINANCIAL RISK-MANAGEMENT SESSION
The NBAA Tax Committee has created a new Informational Session to take place from 4:00 p.m. to 5:00 p.m. on Tuesday, October 7 during the NBAA 56th Annual Meeting & Convention in Orlando, FL. At this session, industry experts will discuss insurance considerations for business aircraft operations, and Attendees will learn common risk-management issues related to aircraft ownership, how to deal with these issues, and how to implement risk-management and insurance solutions. This brand-new Informational Session was developed in response to Member requests. For more information, contact NBAA's Mike Nichols at [email protected].
MEMBERS MAY REGISTER FOR NBAA2003 AT DISCOUNTED MEMBER RATE
NBAA Members receive a $25 Members-only discount for Attendee Registration for NBAA2003. This savings is in addition to the $25 discount for advance registrations received by September 26. In order to register online, NBAA Members must use their web site passwords to access the Members-only registration form. To apply for a password, complete the online form at www.nbaa.org/password/apply/. For more information, or to register, visit:
JOIN NBAA FOR $195 AND
RECEIVE TWO COMPLIMENTARY BADGES FOR NBAA2003
New NBAA Members who join by September 26 will receive one year's NBAA Membership at a discounted rate of $195 and will receive two complementary registrations for NBAA2003. To take advantage of this special offer, visit:
ANNUAL TAX CONFERENCE TO BE HELD OCT 9-10 IN ORLANDO
The NBAA 12th Annual Tax Conference will be held Thursday, October 9 and Friday, October 10, in conjunction with the NBAA 56th Annual Meeting & Convention in Orlando, FL. Presented by the industry's leading experts from the NBAA Tax Committee, this event will provide you with an introduction to a variety of tax issues affecting all companies that own and operate business aircraft. Topics to be covered include personal use of aircraft, depreciation, regulatory environment, financial risk management assessment, and critical state and Federal tax issues. To review the full agenda or to register, visit the NBAA web site at:
JOHN ZIMMERMAN, FRIEND TO NBAA, PASSED AWAY LAST WEEK
A long-time friend of NBAA, John Zimmerman, founder of Aviation Data Service of Wichita, died last week after a long illness. Zimmerman, an acerbic elder statesman of the business aviation community, supported NBAA tirelessly over many decades and will be missed.
ANGELS HAVE WINGS; SOME HAVE JET ENGINES, TOO
Become a Corporate Angel and help cancer patients access potentially life-saving, specialized treatment. Through Corporate Angel Network (CAN), your organization can join 500 other top U.S. corporations that use the empty seats on their routine business flights to offer new hope to cancer patients, allowing them to travel free to recognized treatment centers throughout the United States. Corporate Angel Network volunteers work with your flight department to match patient needs to available seats. You accept a patient as your guest only when it suits you. All patients are fully mobile, properly dressed for a business environment, and very grateful for your help. Call CAN at (914) 328-1313 to learn how easy it is to make a difference. For current destinations and date range of rides needed, visit: