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AOPA seeks clarity on court decision
FAA order upheld in warbird flight training case
A federal court declined to lift a cease-and-desist order issued by the FAA against a warbird flight training company in a case that could have implications for a wide variety of flight instruction provided to owners in their own aircraft.
AOPA and five other aviation organizations had filed a “friend of the court” (amicus curiae) brief in the case, Warbird Adventures, Inc. et al. v. FAA, in which the FAA alleged that the company was operating a limited category aircraft, a Curtiss P–40N Warhawk, for compensated flight training without a required exemption.
The court denied a petition by Warbird Adventures and its owner for review of the FAA’s cease-and-desist order. The P–40N “is not certified for paid flight instruction and substantial evidence supports the order,” the court said in a two-page judgment. Limited-category aircraft may not be operated for compensation or hire, but historically, limited-category aircraft owners have paid instructors for training in their own aircraft just as they would in a standard category aircraft.
“AOPA is disappointed by this decision and its finding that when a flight student is paying for instruction, the student is being carried for compensation. This departs from the long-standing premise that the compensation a flight instructor receives for instruction is not compensation for piloting the aircraft, but rather is compensation for the instruction,” said Justine Harrison, AOPA’s general counsel.
Implications of rulings in the case could be far-reaching for flight instruction. Although the decision is “unpublished,” meaning the court saw no precedential value in it, the decision may still be cited in future cases that could then set precedent binding on FAA proceedings held before judges of the NTSB, the Department of Transportation, and federal district courts.
AOPA opposes runway’s closure
Pilots clash with New Orleans airport officials
The Orleans Levee District’s decision to close the crosswind runway at New Orleans’ Lakefront Airport drew backlash from local pilots who say they were left in the dark during discussions. As one of the busiest airports in Louisiana, Lakefront serves private, corporate, and military aircraft. The airport had more than 65,000 operations last year.
AOPA learned that the project was being solicited for bid and pressed the FAA airports district office to provide a public hearing on the closure. The airport sponsor scheduled the meeting one week in advance and did not provide a virtual option for attendees until hours before. Tenants and pilots called the airport out for the underhanded way the meeting was held, while many were vocal about the safety implications of removing the crosswind runway.
The closure of Lakefront Airport’s crosswind runway is just another in a series of what AOPA has been seeing as a trend. Across the nation, the FAA is increasingly reluctant to provide any funding for the maintenance or preservation of crosswind runways when the primary runway covers 95 percent or more of wind coverage, such as in this case.
An exciting time to be in aviation
By Murray Huling
AOPA vice president of regulatory affairs
The rapid advancement of technologies in powerplants, airframes, flight characteristics, and capabilities are reminiscent of when the jet age of the 1940s entered the civil aviation sector, following its proven success in the military. Today we see electric, hybrid, hydrogen, and other types of powerplants along with alternative fuel technologies in varying stages of development with several in testing, leading to a new dawn in aviation.
The time will come when unleaded 100-grade aviation fuel is distributed to an airport near you, but the road is not an easy one, and failure is not an option. The Piston Aviation Fuels Initiative, PAFI, is a joint FAA and industry team focused on facilitating the development and acceptance of 100-grade unleaded fuel as a fleetwide replacement for 100LL. Congress has provided nearly $40 million for this research and testing program. And there are other fuel developers working outside of the PAFI program and AOPA supports their efforts as well.
The FAA’s MOSAIC, or Modernization of Special Airworthiness Certification, is projected to dramatically enhance the light sport aircraft sector by easing the pathway for new technologies, and allowing increased gross weights, increased horsepower, and retractable gear. It is envisioned that some of these technologies and engineering processes could be brought into Part 23 aircraft certification, easing its certification pathway as well.
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On the front lines
AOPA’s regional managers ready to help resolve issues at airports
“The airport is going to double my hangar rent next month. That’s illegal!”
Maybe. Let’s consider the FAA’s perspective. Publicly funded airports agree to a set of 39 grant assurances when accepting federal Airport Improvement Program funds. Grant assurances are promises made to the FAA regarding how the airport will be operated. AOPA believes these assurances serve an important purpose. For example, there is a grant assurance that guarantees the airport is made available for your aeronautical use on reasonable terms and without unjust discrimination. The principle of “reasonable” applies to fees, including hangar rates.
When airports run afoul of grant assurances, the FAA may withhold future aid until the airport comes into compliance. This threat of withholding future aid is one method of enforcing grant assurances. The FAA’s regulation of airport access is unlike their regulation of airmen, aircraft, and airlines.
The FAA Office of Airport Compliance has the authority to determine if any airport fee is unreasonable, which is not necessarily what a GA pilot thinks is unreasonable. —Kyle Lewis, AOPA Great Lakes Region manager
Protecting and promoting airports is critical to the future of aviation. Become an AOPA Airport Support Network (ASN) volunteer.
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