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
FAA Regulatory Review - NATA
Federal Aviation
Administration
2
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
Office of
Air Traffic
Accident
Office of
Aerospace
Safety
Investigation
Rulemaking
Medicine
Oversight
and Prevention
ARM
AAM
AOV
AVP
Pam Hamilton
Dr. Fred Tilton
Tony Ferrante
Tony Fazio
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
Deputy Director
AFS 2P
John McGraw
FAA Regulatory Review - NATA
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
Quality Assurance
Staff
AFS 40
Larry Barklage
Certification &
Surveillance
AFS 900
David Gilliom
Alaskan Region
Angela Elgee
Northwest
Mountain Region
Bradley Pearson
Western Pacific
Region
Nick Reyes
Southwest Region
Michael
Zenkovich
Eastern Region
Larry Fields
Central Region
Larry Richards
Great Lakes
Region
Jim Gardner
FAA Regulatory Review - NATA
Southern Region
Tom Winston
Federal Aviation
Administration
5
Flight Standard Policy Oversight
Deputy Director
AFS-2P
John McGraw
FAA Regulatory Review - NATA
AVS APMO
AFS 6
Laurie CamilienPietrak
Executive Staff
AFS 10
Mike McCafferty
Int’l Program and
Policy
AFS 50
John Barbagallo
Flight Program
Office
AFS 60
Euel Henry
Org Resources &
Program Mgmt
AFS 100
Amelia Robbins
Air Transportation
AFS 200
John Duncan
Aircraft
Maintenance
AFS 300
Carol Giles
Flight Technologies
and Procedures
AFS 400
Leslie Smith
Training
AFS 500
Marcia L. Payne
Regulatory Support
AFS 600
Van Kerns
Civil Aviation
AFS 700
John Bent
General Aviation &
Commercial
AFS 800
Mel Cintron
Federal Aviation
Administration
6
2-23
Our Mission
To assure the safety, while enabling the adventure,
commerce and service of aviation.
•
AVS has three main functions:
•
We set standards for training and certification of
airmen and aircraft.
•
We certify airmen and aircraft on the basis of
those standards.
•
We ensure their continued operational safety
through oversight and surveillance.
FAA Regulatory Review - NATA
Federal Aviation
Administration
7
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
FAA Regulatory Review - NATA
Federal Aviation
Administration
8
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.
FAA Regulatory Review - NATA
Federal Aviation
Administration
9
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.
FAA Regulatory Review - NATA
Federal Aviation
Administration
10
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.
FAA Regulatory Review - NATA
Federal Aviation
Administration
11
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
FAA Regulatory Review - NATA
Federal Aviation
Administration
12
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.
FAA Regulatory Review - NATA
Federal Aviation
Administration
13
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.
FAA Regulatory Review - NATA
Federal Aviation
Administration
14
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.
FAA Regulatory Review - NATA
Federal Aviation
Administration
15
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.
FAA Regulatory Review - NATA
Federal Aviation
Administration
16
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.
FAA Regulatory Review - NATA
Federal Aviation
Administration
18
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.
FAA Regulatory Review - NATA
Federal Aviation
Administration
19
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
FAA Regulatory Review - NATA
Federal Aviation
Administration
20
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.
FAA Regulatory Review - NATA
Federal Aviation
Administration
21
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
FAA Regulatory Review - NATA
Federal Aviation
Administration
22
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.
FAA Regulatory Review - NATA
Federal Aviation
Administration
23
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.
FAA Regulatory Review - NATA
Federal Aviation
Administration
24
John Allen
AFS-1
(John.Allen@FAA.gov)
FAA Regulatory Review - NATA
Federal Aviation
Administration
25