General Aviation Wins Big as Congress Unlocks Trust Fund
After three years of effort, Congress has finally unlocked the aviation trust fund and reauthorized FAA programs, while guaranteeing that the special aviation taxes paid into the Airport and Airway Trust Fund by pilots, airline passengers, and shippers will be spent on aviation. In March, a compromise was reached on legislation that stalled last year when the Senate would not accept the AIR-21 bill passed by the House. Although the compromise did not include all House provisions, it adopted major parts of the sweeping 1999 AIR-21 legislation introduced by representatives Bud Shuster (R-Pa., right) and James Oberstar (D-Minn., far right), chairman and ranking member (respectively) of the House Transportation and Infrastructure Committee. The final bill also continues to fund part of the FAA budget with general tax revenues, which the Clinton administration had opposed.
Agreement came after intense lobbying of the Senate by the entire aviation community. AOPA, for only the second time in 10 years, sent a National Pilot Alert to its more than 355,000 members, who inundated senators' offices with correspondence. Then, on the night before the vote, AOPA President Phil Boyer sent a personal letter to senators to urge their support. "AOPA-member grass-roots efforts helped make this agreement a reality," Boyer said.
The compromise does not remove the aviation trust fund from the federal unified budget as AOPA and others wanted, but it does guarantee that aviation excise taxes will be spent for aviation purposes and not held in surplus. The deal means $40 billion for the FAA over the next three years; the fiscal year 2001 FAA budget will increase 26 percent over current funding levels. Airport Improvement Program funding will increase 64 percent to an impressive $3.2 billion for 2001 and total some $10 billion over three years. Funding for state entitlement programs, which help fund general aviation airports, would nearly double to $640 million. The FAA's Facilities and Equipment budget is to increase 35 percent. Funding should be more available for flight service station OASIS computers, an improvement promised to general aviation almost 20 years ago.
Beyond "guaranteed" funding levels, the legislation offers other AOPA-sought benefits. "Hoover Bill" protection from overzealous FAA "emergency" enforcement actions is included (see "Pilot Counsel: The ‘Hoover Bill' Becomes Law," p. 121). Also, provisions require the FAA to enforce grant agreements to keep airports open and to make it more difficult to sell off airport land for nonaviation purposes. Aeronautical charting will be moved from the U.S. Department of Commerce to the FAA, as AOPA requested. For full details, see AOPA Online ( www.aopa.org/whatsnew/la-summary.html).
AOPA was quick to praise Senate Majority Leader Trent Lott, Representatives Shuster and Oberstar, and most members of the House Transportation and Infrastructure Committee for their leadership in getting the legislation approved.
AOPA Asks and FAA Responds, Orders Atlantic City to Clean Up Bader Field
The FAA moved swiftly in March to issue an unprecedented emergency order of compliance against Atlantic City, New Jersey, to repair its deteriorating Bader Field airport. The order came three weeks after AOPA told the FAA of specific problems at the airport, which the city has tried to close despite Airport Improvement Program grant assurances running through 2006.
"The situation is critical," Miguel Vasconcelos, AOPA's director of airports, told the FAA. He cited out-of-service runway lights, inoperable runway end identifier lights, debris on runways and taxiways, a tattered and inaccurate windsock, a broken wind tee, and other unsafe conditions. Atlantic City's violations "would fill an encyclopedia," he said. The FAA agreed.
The agency ordered repair of the AOPA-cited items and added others, totaling some 13 in all. Among additional issues: removal of a helicopter landing platform obstructing a runway safety area, repair of runways, fixing precision approach path indicators (PAPIs), properly marking runways, and correcting improper runway edge lights.
Atlantic City also faces possible civil penalties for diverting airport revenue to nonaviation uses and violating the AIP requirements for prior FAA approval; the city may have to return an appropriate portion of federal funds. AOPA is encouraging the FAA to press these enforcement actions.
Airport conditions were spotlighted after a runway overrun at Bader just two weeks later. Two landing attempts were made downwind, followed by an overrun on the shorter crosswind runway—all of concern because of the previously reported status of the airport's windsock and wind tee. Coastal winds at Bader are often opposite those reported at Atlantic City International 12 miles inland. Also of concern was the report of a tall crane in the vicinity of the preferred runway. Atlantic City officials immediately denied that airport conditions played a role in the overrun. AOPA then asked its local Airport Support Network volunteer, Craig Bates, to transmit digital photos of airport conditions to AOPA headquarters.
AOPA Rejects Charity Flight Drug-Testing Exemption as Unworkable
The FAA finally granted AOPA's request for a blanket exemption from drug testing for charity flights in March, but the exemption is so unworkable that the association has declined it. "We appreciate the FAA's efforts," said AOPA President Phil Boyer, "but what we got was nothing like what we asked for."
AOPA had asked that the FAA grant an exemption to AOPA members, thus permitting them to "charge" for sightseeing flights at charity events without conducting the drug-testing program required of pilots flying for hire. "What the FAA gave us were more rules and regulations than pilots could possibly comply with," Boyer said.
The exemption would have required sponsors of each charity event to brief pilots on substance abuse, examine logbooks, and report to AOPA the names of all pilots who participated in the event. AOPA would then have to make an annual report to the FAA that included the name and certificate number of every pilot who utilized the exemption.
"All of this is too complicated and impractical for sponsors, pilots, and AOPA," Boyer said. "Churches, service clubs, and other nonaviation organizations could not be expected to know what to look for in logbooks or what to brief pilots about regarding drug or alcohol use."
AOPA advised the Experimental Aircraft Association (EAA) about problems with the exemption, and EAA has now also declined it. AOPA plans to continue working with the FAA to find a way for pilots to conduct charitable flights without unnecessary red tape and liability. Meanwhile, AOPA asked the FAA to continue expedited exemptions for AOPA members on a case-by-case basis, as arranged last year in a direct appeal to FAA Administrator Jane Garvey.
AOPA Warns California County: Proposed Noise Ordinance Violates Federal Law
AOPA has warned San Mateo County, California, that a proposed noise ordinance affecting the Bay Area's San Carlos Airport violates federal law and the county's agreement to keep the airport open to all users on a reasonable and nondiscriminatory basis. The proposed ordinance would prohibit touch-and-goes, full-stop and taxi-back operations, and low approaches during evening, nighttime, and early morning hours. Stop-and-go operations and simulated emergency maneuvers below pattern altitude would be prohibited at all times.
Following the FAA's determination that the ordinance would unjustly discriminate against flight training, AOPA legal counsel Kathleen Yodice told county supervisors that their attempt to prohibit a particular class of airport activity exceeds the authority of airport owners to regulate noise.
AOPA Supports Lawsuit Challenging Closure of KC's Richards-Gebaur Airport
AOPA has filed a friend-of-the-court brief supporting a legal challenge to the closure of Richards-Gebaur Memorial Airport, the reliever airport created from a former Air Force base south of Kansas City, Missouri. A suit by the local Friends of Richards-Gebaur group and the nearby city of Grandview, Missouri, charges that the FAA did not follow required environmental procedures when releasing Kansas City from its airport grant obligations and surplus-property deed restrictions. This had cleared the way for conversion of the airport into an intermodal truck/train transfer station.
The FAA had invoked a "categorical exclusion" to release Kansas City from its federal obligations. The suit contends that resulting truck traffic through surrounding communities and increased air traffic at other area airports will have a significant environmental impact that warrants a complete environmental evaluation prior to closing the airport.
AOPA supports the contention, adding that permitting the FAA to so easily relieve airport sponsors of their contractual obligations could set a harmful national precedent. The Eighth Circuit Court of Appeals in St. Louis, Missouri, will hear the case.
AOPA Helps Park Service Define Tuskegee Airmen Tribute
The National Park Service asked for AOPA's help this winter in defining a new national historic site to honor the Tuskegee Airmen, America's first black combat pilots who distinguished themselves in World War II. Congress has authorized, but not yet appropriated, $29.1 million to restore old military hangars, buildings, and ramps in a corner of Moton Field, the Tuskegee, Alabama, airport where the airmen were trained.
AOPA Senior Vice President of Communications Drew Steketee met with representatives of the Park Service, the Smithsonian Institution's National Air and Space Museum, the Naval Aviation Museum, local tourism and education officials, and surviving airmen to help define the project for multiple audiences, including the military and aviation communities.
An adjacent Tuskegee Airmen National Center—to be funded privately—would tell the story of those who blazed the trail for desegregation of the U.S. military. The site, just steps from the Tuskegee runway and ramp, would be an attractive fly-in destination for local university aviation students, the region's numerous military training flights, and private aircraft traveling to and from Florida.
Mark Your Calendars
If you'll be anywhere near the Mid-Atlantic states on Saturday, June 3, why not fly or drive in to the tenth annual Fly-In and Open House at AOPA headquarters, right on the ramp at Frederick (Maryland) Municipal Airport? See your association "up close and personal," check out new offerings from nearly 100 aircraft and equipment exhibitors, select from some 20 hours of educational seminars, or just enjoy great food and fun. Driving? We're on Interstate 70 approximately 40 miles northwest of Washington, D.C., or Baltimore. Flying? Be sure to check special arrival procedures on notams or on AOPA Online ( www.aopa.org/special/fly-in/). A temporary FAA tower will be in operation to handle an expected 500 to 700 fly-in aircraft.
IAOPA to Present General Aviations's Role to World Economic Conference
Because general aviation and aerial work contribute to their economies, all nations must accommodate their needs. That will be the message of John Sheehan, secretary general of the International Council of Aircraft Owner and Pilot Associations, as IAOPA communicates with representatives of 185 nations attending a world conference on the economics of airports and air navigation services next month in Montreal.
IAOPA, which represents 51 AOPA affiliates worldwide on international aviation matters, will caution nations that imposing traffic controls or excessive pricing schemes on general aviation can impact local and world economies. In a formal paper, Sheehan will encourage national authorities to recognize the needs of general aviation and aerial work as they plan and operate their aviation infrastructure (see www.iaopa.org/info/Economic.pdf).
The International Civil Aviation Organization (ICAO) will sponsor the conference for airport managers, industry representatives, and hundreds of senior government officials from around the world. Many ICAO decisions directly affect U.S. flying. IAOPA was founded in 1962 to provide a strong voice for general aviation in world forums.
Brian O'Sullivan is New VP for Membership Marketing at AOPA
A new vice president for membership marketing has joined the AOPA staff to help keep the association growing. Although more than 50 percent of the nation's active pilots are AOPA members, introducing AOPA and its benefits to pilots still is an important activity.
Brian O'Sullivan has more than 16 years of experience in marketing, product management, business development, and strategic planning for companies including Bell Atlantic and Shell Oil. Most recently, O'Sullivan was an executive with Phillips Publishing, the nation's largest newsletter publisher. He led marketing and editorial efforts for several business-related titles and managed large-circulation investment newsletters. He was previously the director of marketing for Filetek Inc., a software technology company.
Airport-Tenant Leases Becoming Tricky, but AOPA Has Guidance
In response to numerous requests as AOPA members face revised hangar and tiedown leases, the AOPA Aviation Services department now offers a sample lease agreement containing simple language to help both lessors and lessees negotiate revised lease terms. Also offered is alternative language to consider as both parties identify their respective needs and objectives in revised lease agreements. AOPA members can obtain a copy by calling 800/USA-AOPA.
Discounted Long-Term Care Insurance Now Available to Members 47 States
[ Note: This program is no longer available.]
AOPA members and their spouses in 47 states are now eligible for discounted long-term care coverage to protect against the costs of nursing home or other extended care. Underwritten by Hartford Life Insurance Company, the AOPA-endorsed plan offers members an additional 10- to 15-percent discount off already-low rates. Spouses get a 10-percent discount when both husband and wife enroll. The plan is now available in all states except Oklahoma, Louisiana, and Vermont.
No medical underwriting is required and issuance is guaranteed for AOPA members with a valid FAA medical certificate.
This newest offer continues an AOPA tradition of member insurance programs begun in aviation's earlier years when pilots had difficulty obtaining coverage or fair rates. AOPA receives a small royalty from such optional member benefit programs to help fund projects for the defense and advancement of general aviation.
For information, visit the Web site (www.aopa.org/ltc.html).
AOPA Online to Replace Fax Service
AOPA Online is now providing members quick access to AOPA information and resource documents, and will fully replace AOPA's AvFax fax-on-demand service later this year.
Like AOPA AvFax, AOPA Online offers a wide range of information and documents on numerous topics, with new subjects of current interest added each month. But the online service provides links to additional information resources on each subject, providing a much wider range of data to AOPA members.
Hangar Fire Destroys Max Karant Aircraft
AOPA pioneer Max Karant traveled the world in his Piper Twin Comanche, N13K, to protect general aviation's rights. As he wished, his ashes were dispersed from the airplane over the Atlantic Ocean during AOPA's Max Karant Memorial Flight on March 16, 1997. Now, N13K is gone, one of four aircraft lost during a windswept hangar fire at the Montgomery County Airpark in Gaithersburg, Maryland, on March 2. Its current owner had proudly maintained his predecessor's paint scheme, still proudly identifying N13K's pilot as "Max Karant, Washington, D.C." Fire investigators are reportedly focusing on a portable generator approved for use, ironically, after hangar electrical wiring was deemed a fire hazard and cut off.
Action in the States
AOPA Airport Support Network volunteer activity is italicized. For information on how you can help AOPA's efforts to save your local airport, visit www.aopa.org/asn/ on AOPA Online.
Alaska. AOPA is reviewing H.B.280 and S.B.189, which relate to the international airports in Anchorage and Fairbanks, and would establish the Alaska International Airport Authority.
Arizona. AOPA is supporting a bill in the state legislature to restore additional aviation property taxes to the state's aviation fund.
Florida. The Airport Advisory Committee at Tallahassee has accepted AOPA's comments on proposed rules and minimum standards, says ASN volunteer Kevin John Koelemij.
Iowa. The state legislature is considering a bill to create an aviation division within the Department of Transportation. It has also called on the Department of Economic Development and the state DOT to form a joint committee on aviation service, which would include representatives of general aviation.
Illinois. AOPA Regional Representative Bill Blake has been meeting with the state's Division of Aeronautics and the Illinois Public Airports Association about linking all of the state's automated weather stations to the FAA weather reporting system.
New Mexico. Neighbors of Santa Fe Municipal Airport have agreed to a voluntary noise resolution instead of an ordinance, reports ASN volunteer Carter DuBois. City lawmakers gave committee-level approval to voluntary noise-abatement measures.
Ohio. AOPA member Wayne Betts alerted Regional Representative John Luce to a state code that needs correcting. It says that no person without a private pilot certificate or higher is permitted to carry passengers over the state. Aside from issues of federal preemption, this ignores the FAA recreational pilot certificate that permits carrying of passengers.
New Jersey. Atlantic City is seemingly not alone in denying aviation's value. The state legislature has twin bills before it that would tie up airport development with elaborate local review and long mitigation procedures. The proposals would also siphon off money from the airport improvement fund to pay neighbors who believe they have suffered a loss of property value because of a nearby airport.
Virginia. The city of Hampton Roads is exploring the possibility of buying the Hampton Roads Airport, now privately owned but open for public use. The airport is the busiest airport in Virginia's Tidewater area except for Norfolk International.
Wisconsin. The state Department of Transportation has adopted the Wisconsin Airport System Plan 2020, which outlines needs and priorities for the next 20 years. The plan calls for $1.1 billion in improvements to 100 airports in the state.
Wyoming. When Amtrak pulled service from Wyoming, U.S. senators Michael Enzi and Craig Thomas saw to it that a fund of $23 million was created to improve airport and aviation facilities. Now, a state bill would defeat their intent by using the full $23 million to support highway travel with nothing for aviation. AOPA is watching this one.
Georgia Pilots:
Airport Support Network volunteers are still needed for Lee Gilmer Memorial (GVL), Gainesville; Ben Epps Field (AHN), Athens; Herbert Smart Downtown Airport (MCN), Macon; Valdosta Regional (VLD); and Augusta Regional at Bush Field (AGS).
AOPA Air Safety Foundation
1999 Nall Report Released
The AOPA Air Safety Foundation has released its 1999 Nall Report detailing general aviation accident trends. The report covers NTSB accident data from 1998, 82 percent of it representing NTSB final reports.
During the period, general aviation flew more hours but fatalities decreased, continuing GA's improvement in safety. However, pilot judgment, weather, and maneuvering flight mishaps remained the leading causes of fatal accidents. Significantly, 72 percent of fatal weather-related accidents occurred when pilots without instrument ratings confronted IMC conditions. Read the Nall Report on AOPA Online ( www.aopa.org/asf/publications/99nall.html), or write to Nall Report, AOPA Air Safety Foundation, 421 Aviation Way, Frederick, Maryland 21701.
Praise for Video Safety Seminars
Pilots, flight instructors, and FBOs are praising the new training videos sent free of charge this winter to 20,000 new private pilots and 10,000 newly rated instrument pilots. Although ASF conducts more than 250 free safety seminars each year, not all pilots are able to attend. So ASF decided that "if pilots can't come to seminars, we'll get seminars to them." Surveys had indicated that new private pilots wanted more information on how to avoid getting lost and how to handle crosswinds. Recently certificated instrument pilots said they could use more information on weather, weather briefings, and go/no-go decisions.
Accordingly, ASF produced videos on these topics and recipients raved. "Your initiative in producing and delivering this superb video at no cost to the pilot impressed me greatly. It clearly demonstrates your total commitment to air safety." Another added, "Keep it up. These videos will save lives and make better pilots." Your contributions to the Air Safety Foundation make projects like this possible, so the gratitude of these pilots goes to you for your support of ASF.
ASF Names New VP of 3evelopment
Bob Milanchus is the AOPA Air Safety Foundation's new vice president of foundation development. He fills the post of Art Keefe, who moves to a new position of vice president of planned gifts. The two positions are responsible for financial support of ASF programs for safety research and pilot education. ASF's many programs are financed by donations from individual pilots and grants from foundations and companies interested in improved general aviation safety.
Milanchus was formerly director of development for the Washington County Health System Inc. in Hagerstown, Maryland. He was previously with Sacred Heart University in Bridgeport, Connecticut, and the State University of New York at Stony Brook.
Keefe now concentrates on estate bequests and planned giving for those who want to memorialize their lifetime in aviation by supporting future aviation safety.
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