Warbird Alley

Latest News Regarding Threats
to the U.S. Warbird Community, Airshows,
and General Aviation

(Latest News Is On Top)
[Click here to jump to the bottom of the page for some useful links.]
 


 Costly California Bill Would Make Independent Instructors Follow Part 141 Rules
Hefty Fees And Annual Renewals Would Come With The Legislation

June 2010 — The California Legislature reauthorized a state Post-Secondary Bureau last year that monitors the quality of post-secondary institutions and protects students from losing pre-paid tuition to a school that closes down. Flight training facilities had been exempted, but as part of the re-authorization of the Bureau (Assembly Bill 48; AB48), the exemption was tentatively removed.

With the exemption lifted, all flight training facilities, from full-fledged Part 141 flight schools to independent instructors, must be certified and operate as though they are a post-secondary institution such as a college or technical school. The National Air Transportation Association (NATA) contends that AB48 was designed to regulate private colleges and technical schools, not the disparate world of flight instruction which varies widely and whose curriculum is already regulated by the FAA.

The NATA says that the rules would affect independent and small flight schools as the cost and infrastructure requirements are quite involved. It would likely force instructors to either leave the profession or try to join a large flight school to avoid the start-up and maintenance costs, and administrative hassles. Small FBOs that offer instruction would also face a hard decision about whether to continue to offer instruction.

If an independent instructor were to want to continue instructing under the new rules they would be subject to additional qualifications for flight instructors before they could teach in California even though they are certified by the FAA. In addition, all instructors would be subject to academic reviews that are designed for colleges and universities.

Along with the annual academic reviews, periodic fees would be assessed on each flight instructor including $2.50 per $1000 which would go toward a state fund that would pay claims to students whose CFI "disappears" with their money. Each instructor would be charged an initial application fee of $5,000 and a $3,500 renewal fee every three years. If the instructor has a second location an additional fee of $1,000 would be assessed. Finally, they would be required to pay an operation fee of three-quarters of a percent of the CFI's income (not to exceed $2,5000 annually).

Public comment on this change closes 7 June 2010.

For more information:
 www.leginfo.ca.gov
and
 www.mpbn.net/Home/tabid/36/ctl/ViewItem/mid/3478/ItemId/12448/Default.aspx

[Re-printed courtesy Aero-News.net]

 


GA Braces for Reactions Following Suicide Flight in Texas
 STRATFOR publishes article pondering the consequences

18 February 2010 — Upon learning that Joseph Stack flew his Piper Dakota into the side of a government office building in Austin, Texas, the nation's pilots, aircraft owners and General Aviation businesses collectively cringed, fearing what regulations and governmental reactions might come next. STRATFOR, the Global Strategy and Intelligence Report, has published an article entitled "General Aviation: A Reminder of Vulnerability" that outlines the possible consequences of this incident. In our opinion, it's a thought-provoking and fair article about this very sensitive issue.  [ Read the Article >> ]
 

 


Foundations and Charities Under Fire
How Changes Could Affect Warbird Organizations

10 February 2010 — It's not always initially obvious how regulation changes will affect the warbird community and General Aviation. Here's an example of some threats that are subtle, but could eliminate or change the very Cockpit of the CAF's B-24, Diamond Lil'.nature of the organizations affected. These particular threats come from sources as diverse as the Federal government, the IRS, state governments and sometimes even the charitable sector itself. We present this article as an education to anyone who cares about warbirds and General Aviation.

As many people know, many warbird aircraft collections and museums in the USA are actually set up as educational and charitable foundations. This structure allows for the legal protection of an aircraft collection, as well as allowing certain financial and tax benefits that help to keep the collection flying. Without this structure, many collections would simply vanish, as their owners would not be able to own and operate them while carrying the full burdens imposed by our nation's tax laws and liability regulations.

Visitors and benefactors support these organizations with donations and funding. Their generosity is often what keeps warbirds flying. America is by far the most charitable country in the world, with yearly donations to charity topping $300 billion, twice what we spend on consumer electronic equipment (iPods, cell phones, DVD players, TVs, etc.), three times the amount we spend on gambling, and ten times the amount we spend on professional sports. There is no other country that comes close.

But this freedom to give is now under serious threat. You can read about it in the following article, entitled "The Generosity of America," by Adam Meyerson.

[ Read entire article >> ]  (.pdf format)

 Sections of this article were excerpted from "The Generosity of America," by Adam Meyerson, President of The Philanthropy Roundtable, and reprinted by permission from Imprimis, a publication of Hillsdale College.
 

 


TSA Pledges Changes to LASP
 Will work with GA on a more reasonable approach to GA security

5 February 2010 — Based largely on the negative response from the general aviation community, the Transportation Security Administration (TSA) signaled major changes to the Large Aircraft Security Program (LASP), in an interview that aired Friday on National Public Radio. TSA also publicly acknowledged its intent to work with GA stakeholders to come up with a more reasonable approach to GA security through the formation of a General Aviation Working Group under the Aviation Security Advisory Committee, on which EAA has been invited to participate. [ Read more >> ]

[News reprinted courtesy EAA.]
 


 


Aviation Attorney says 'TSA Still A Substantial Threat to General Aviation'
30 December 2009 — Noted aviation attorney Alan Armstrong recently wrote an article in which he shows evidence of the perils still facing GA by the Transportation Security Agency. The article illustrates many of the ways the TSA's actions continue to seriously threaten to our aviation freedoms, and warns of their plans to implement even more.
 
  Link: [ TSA Still A Threat ]
  Link: [ Alan Armstrong's "Resources for the Public" page. ]
  Link: [ TSA Testimony on General Aviation Status ] 
  


 


New NPRM Would Affect Maintenance Facilities
18 November 2009 — The TSA/DHS has released a new Notice of Proposed Rulemaking (NPRM) that would create security procedures for repair stations (Docket No. TSA-2004-17131, Aircraft Repair Station Security)


From the text of the NPRM:

"TSA is proposing to issue regulations to provide for the security of maintenance and repair work conducted on aircraft and aircraft components at domestic and foreign repair stations, of the aircraft and aircraft components located at these repair stations, and of ... repair station facilities.

For purposes of this rulemaking, “repair stations” are those facilities certificated by the FAA to perform maintenance, repair, overhaul, or alterations on U.S. aircraft or aircraft components, including engines, hydraulics, avionics, safety equipment, airframes, and interiors. According to the FAA, there are 4,227 domestic repair stations located in the United States and 694 foreign repair stations located outside the United States that have an FAA certificate under part 145 of the FAA’s rules."

This NPRM has the potential to drastically affect the operation of thousands of smaller maintenance and repair facilities across the nation. Under the new regulations, the TSA could essentially enact any kind of security measures it deems necessary at the nation's maintenance shops, causing financial, operational and logistical burdens that would be far beyond many businesses' ability to cope.

In other words, maintenance shops located on even the smallest of rural airports might be required to have security procedures similar to large international airports for all employees and visitors. Every package, inbound or outbound, might be required to be tracked and x-rayed. All employees could be subject to searches and background checks. All work performed might be subject to inspection by TSA employees. Security issues could result in immediate revocation of a shop's operating certificate. The list goes on and on. Use your imagination.

A public comment period of 90 days has been established. [NOTE: the comment period has been extended to 19 February 2010.] 

Read the text of the NPRM here. (.pdf format)

Add your comments on the NPRM here: Regulations.gov.
Be sure to enter the docket number, TSA-2004-17131.

(See other submitted comments here.)

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NPRM (Notice of Proposed Rule Making) threatens operators of classic jets
November 2009 — NPRM 91.58, issued by the FAA, is intended to improve safety in the VLJ (Very Light Jet) community. Unfortunately, it would also adversely affect Experimental Exhibition Jets (EEJs), otherwise known as jet warbirds.

 

Among other things, the new rule would lump all jet warbirds in with VLJs for pilot-currency issues (including requiring annual proficiency checkrides), costing owners and operators perhaps tens of thousands of dollars per year in checkride expenses for each type they fly. It would also void jet many aircraft's Operating Letters, and it proposes safety guidelines that only apply to VLJ operations.

 

The full text of the NPRM is available here: NPRM 91.58 (Adobe Acrobat .pdf file)

 

The Classic Jet Aircraft Association (CJAA) has written a document to help you formulate a useful and intelligent response to the FAA regarding this NPRM. Please download it and read it.

 

HOW TO COMMENT: The comment period has been extended due to the level of response! For the time being, you can still file comments online by clicking here. Do it now!

 

Need some help developing your comments? You can read other people's comments here.

 

Please don't let this opportunity pass. It is vitally important that EEJ operators not be subject to the same rules as VLJ operators. They are two VERY different types of aircraft, and the pilot requirements are vastly different. 

 

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New Homeland Security Bill addresses LASP
 [Excerpted from an AOPA news release.]

 24 June 2009 — A committee report accompanying a new House bill (H.R. 2892) addresses several issues relevant to general aviation pilots, including the Transportation Security Administration’s (TSA’s) Large Aircraft Security Program (LASP). In the report, lawmakers urged the TSA to minimize adverse affects on General Aviation and to carefully examine LASP's financial burdens on aircraft operators and airports. Similar language is reported to be in the Senate version of the bill.


  Link: [ AOPA News Release ]

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General aviation presents limited security threat, IG finds
 [Reprinted from GovernmentExecutive.com]

17 June 2009 — The Homeland Security Department's inspector general said Wednesday the national security threat posed by general aviation is "limited and mostly hypothetical."

General aviation accounts for 77 percent of all domestic flights and includes air cargo transport, emergency medical flight operations, flight school training, and corporate and private aviation.

Rep. Sheila Jackson Lee, D-Texas, asked the IG to investigate after a Houston television station alleged "security breaches" occurred at three local airports when reporters were able to approach airfields or aircraft without identifying themselves.

In a direct reference to the television report, titled, "Is Houston a Sitting Duck for Terrorism?" the watchdog's report contains a section titled "Houston Is Not a 'Sitting Duck for Terrorism.' "

"We reviewed the allegations and determined that they were not compelling," wrote Homeland Security IG Richard Skinner. Reporters were unaware of some passive security and monitoring measures the airports had taken, such as 24-hour video surveillance, locked or disabled planes, and controlled fuel access.

Guidelines and alerts the Transportation Security Administration issued, "coupled with voluntary measures taken by owners and operators of aircraft and facilities, provide baseline security for aircraft based at general aviation sites," Skinner wrote.

Besides the three Houston-area airports approached by the television reporters, the IG's staff visited a number of large and small, public and privately owned general aviation facilities in metropolitan areas where people could be at risk in the event of a terrorist attack launched from the airports.

The IG noted TSA has tailored its security strategy to the range of airfield environments and classes of aircraft and operators, rather than introducing overly broad regulations that are costly to implement. The agency also analyzes credible intelligence information to prioritize existing threats and identify practical, targeted measures to reduce risks in the aviation sector.

"Although [TSA's Office of Intelligence] has identified potential threats, it has concluded that most [general aviation] aircraft are too light to inflict significant damage, and has not identified specific imminent threats from [general aviation] aircraft," the IG stated.

"Significant regulation of the industry would require considerable federal funding," Skinner added.

The watchdog did not make any recommendations to TSA, and agency officials did not submit formal comments in response to the report.

"The current status of [general aviation] operations does not present a serious homeland security vulnerability requiring TSA to increase regulatory oversight of the industry," the IG concluded.


Article by Katherine McIntire Peters kpeters@govexec.com

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List of Affected Airports Released

 9 June 2009 — The EAA has released a list of 454 airports in the USA and its territories affected by the TSA's new Security Directive SD-8, effective 1 Jun 2009. (This list may or may not be all-inclusive, since the exact text of the directive is still secret).


  Link: [ List of affected airports ]

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 Congress Passes Amendment Limiting TSA

4 June 2009 — An Amendment to the TSA Authorization Act, sponsored by U.S. Congressmen Mica (Florida), Graves (Missouri), Ehlers (Michigan), and Petri (Wisconsin) has passed 219-211. The Amendment will limit the time period in which the TSA may implement emergency security procedures (180 days). After this time, the TSA must comply with provisions of the Administrative Procedures Act.

This means changes to security measures would have to undergo the same public scrutiny as other legislation. This legislation is a big win for General Aviation, and our thanks go out to the sponsoring Congressmen.  

 


TSA Relaxes Security Directive

29 May 2009 — The US Transportation Security Administration (TSA) has released a modified version of its recent security directive that would have severely limited the ability of transient pilots and their passengers to access the parking areas of airports with commercial air service. The new directive (SD-8G) appears to allow transient pilots and passengers at these airports to access their aircraft without a background check and security badge. Based pilots might still be required to obtain the badges. The list of airports that would be affected by the new directive is still secret, (two days before the implementation date), and the text of the directive itself is still secret. 

  [AOPA Press Release here.]
  [Visit StopLASP.com for more details and commentary.]

 


Warbird Impounded
EAA Warbirds of America Offers Assistance

15 May 2009 — The Department of Homeland Security recently notified a pilot, an EAA Warbirds of America (WoA) member and owner of a Douglas AD-4N Skyraider, that it intended to confiscate his recently imported aircraft. The Department alleges that necessary forms were improperly filed. Last week federal agents from Immigration and Customs Enforcement seized and threatened to destroy this rare piece of our nation’s aviation heritage. The airplane remains in a secured hangar at the member’s home airport. 

In 2008, after a trans-Atlantic flight, this aircraft cleared customs and proceeded to its new home base in Bessemer, Alabama. Last September, the FAA inspected the aircraft and issued the Skyraider its new Experimental and Exhibition operating certificate and U.S. registration number.

The member has retained legal counsel, solicited the assistance of EAA member and WOA board member Congressman Sam Graves, and has been in contact with WoA President Rick Siegfried.

EAA and Siegfried are staying apprised of the situation. As this AD-4D Skyraider owner requests or is in need of additional assistance, EAA stands ready. Updates will follow.

For specific details regarding this aircraft please visit www.savetheskyraider.com.

[News reprinted courtesy EAA.]
 

 

A Plea for Action:
 6 March 2009
Whether you are a pilot, aircraft owner, serious airplane enthusiast, or just someone who occasionally likes watching airplanes, you need to be aware of an astonishing new development from the United States' Transportation Security Administration (TSA) and Department of Homeland Security (DHS). If you thought the recent Large Aircraft Security Program (LASP) issues were huge, you haven't heard anything yet.

As reported recently by several major aviation news outlets, it seems that the DHS/TSA have plans that could potentially cripple recreational aviation (General Aviation) in the United States with a series of new policies that are apparently supposed to be implemented very soon! These policies, should they be allowed to happen, would require all aircraft, regardless of size/weight, to comply with drastic new security measures when operating at airports served by scheduled air service (airlines).

Pilots and passengers not based at the airport (and therefore not possessing an airport-specific badge) would have to be escorted across the ramp by security personnel. Transient pilots who happen to leave their airplane unescorted, for any reason, would be in violation of Federal Law and subject to huge fines. Pilots who fly at more than one airport would have to pay for badges and personal background checks at each of the airports they ever plan to visit. The background checks would be paid for by the pilot. If the pilot does not pass the background check for whatever reason, that might be the end of his/her flying days. Expensive security screening for everyone entering the airport would become the norm.

Say goodbye to hundreds of public aviation events that are held at larger airports. Say goodbye to the tens of thousands of pilots and aircraft owners who will simply quit flying rather than deal with the new expenses and hassles. Say farewell to the hundreds of aviation-related businesses and services that will likely fail as a result.

Are you getting nauseous yet? There's more, but we really don't know many details, because the DHS/TSA have kept the 14-page document secret thus far, and have not released any firm guidance or answers to questions posed by irate pilots attending their informational "road-shows" around the country.

The security of our commercial aviation system is clearly important, but this kind of un-thinking affront to our our Constitutional rights cannot be left alone, or met with apathy. It IS happening, right under our noses, and it will be finalized soon unless we immediately contact our lawmakers and express our displeasure. This is not a drill. We must take aggressive action NOW. This disease will quickly spread to every other aspect of aviation if we allow it to happen.

Here's what to do:

(1). Immediately: Call, email, or fax your elected representatives, and politely but firmly advise them that the DHC/TSA's secret, 14-page Security Directive SD 1542-04-08FT has the potential to destroy a vast segment of aviation, one that is important to our nation's economic well-being. Without being technical, tell them how it will affect you, personally. Tell them you feel the directive is being rushed into effect without a proper public comment period. Politicians answer to, and serve, you and me. Don't you forget it.
[Contact Your Senators]  [Contact Your Representatives]

(2). Listen to the archived broadcast of the 12 March 2009 edition of the 25 Zulu show on Gold Seal Live, the aviation talk show on the internet. Get familiar with the details of the issue.

(3). Voice your opinions: If you are a member of the Aircraft Owners and Pilots Association (AOPA), contact them and voice your opinion. If you're an EAA member, and you have information about any recent revisions in the security policies at your airport, send EAA an email and tell them about it. They need to know. You are their eyes and ears.

Please participate. Don't just assume everyone else will call or e-mail about this matter. This is not just another minor issue. This is vitally important to the future of warbirds and all of General Aviation.

Thanks for your time.


[More information: Aero-News report]

 


Please send us any warbird-related news involving TSA, DHS,
and/or other government agencies. We'd like to disseminate them here,
and to other interested groups.


 

How to Contact your
U.S. Senators and Representatives:

Contacting the Congress
(A very current database of contact information):
 
http://www.contactingthecongress.org/
 
 

Write your Senator:
 
http://www.senate.gov/general/contact_information/senators_cfm.cfm
 

Write your Representatives:
 
https://writerep.house.gov/writerep/welcome.shtml
 

 

Organizations:
EAA Warbirds of America: http://www.warbirds-eaa.org/
AOPA: http://www.aopa.org/
CAF (Commemorative Air Force) http://www.commemorativeairforce.org/
 
Stop LASP
(Large Aircraft Security Program)		 http://www.stoplasp.com



 

 

 


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