Industry Sights Set On CAB "Large Aircraft" Definition

Increased safety and greater profitability could be the results of a review of the Federal Aviation Administration's FAR Parts 135 and 125 regulations. Purpose of the review is to study those regulations governing small aircraft operations to determine which rules are still applicable and which should be changed or eliminated in light of today's new technology and operating conditions.

The review is being sponsored by the FAA, but conducted by industry representatives serving as an Aviation Rulemaking Committee (C/R News, April 28). The first meeting of the "Part 135/125 Aviation Rulemaking Committee" was held last week in Herndon, Va.

The initial meeting was intended to outline the role of the FAA and establish the procedures under which the review will be conducted. The meeting also set up nine working groups operating under the Steering Committee and the roles those working groups would have.

Katherine Perfetti, national resource specialist for the FAA and the review coordinator, said that the review was now "transitioning from the FAA to the industry," and that the FAA would only be "playing a supporting role." The role of industry "is to develop new issues and work them to death ... finding the problems and then working out the solutions to those problems."

The program is expected to last about two years, with the ultimate outcome ranging from the possibility of very few changes to possibly completely eliminating Part 135 and/or Part 125. FAR Part 125 deals with the certification and operation of aircraft carrying 20 or more passengers or having a payload of 6,000 pounds or more. While the elimination of Part 135 is simply something to be considered, the complete elimination of Part 125 will be an item under serious discussion during the review.

A realistic goal of the review could be to change the limitations of Part 135 from nine or less passengers and/or cargo payload up to 7,500 pounds to the definition of a "large aircraft" under the former, now defunct, Civil Aeronautics Board (CAB) Part 298. That defined a "large aircraft" as one carrying 60 or more passengers or a cargo payload of 18,000 pounds or more.

"The FAA has mentioned that [definition] in its discussions," said Stan Bernstein, president of the Regional Air Cargo Carriers Association (RACCA). "We would like to see that applied."

Maurice Parker, executive director of the Regional Aviation Partners (RAP) told C/R News that "at a bare minimum" getting at least a 15-seat aircraft approved is critical. That size aircraft is considered a major element in being able to provide essential air service (EAS) to small communities. RACCA's Bernstein noted that "When FAA introduced its 'single level of safety' to the airline industry, it cut the guts out of the 15-passenger market. It was a windfall for the RACCA's members, but at the sacrifice of EAS carriers.

Parker said that while a 15-seat aircraft is critical, RAP would like to see the lower limit go up to at least a 30-seat aircraft that would allow them to fly aircraft such as the Saab 340.

Introduction of the larger aircraft, particularly up to 59 seats, into Part 135 operations would not only increase the economic viability of the operators, but would improve safety. John Hazlet, vice president of Ameriflight, noted that if the early definition of large aircraft is accepted, "a whole fleet of more modern aircraft will be available, such as the ATR, ATP, Dash 8s and Brasilias." These would be newer and safer, and have better factory support as well as more advanced operations support such as training devices and simulators, he said.

Bernstein noted that these aircraft are also readily available at good prices. "Just look out in the desert, that's where they're parked," he said. "We hope that a whole generation of aircraft doesn't waste away [in the desert] waiting for rule making."

A revision of the regulations could allow airlines to expand. Scott LaForge, executive vice president for Cape Air, said that his airline wanted to see an increase in the passenger limitations that would allow it to grow beyond the nine-passenger Cessna 402s it currently flies (C/R News, April 7). Moving into aircraft with 10 or more seats currently would require Cape Air to become a Part 121 operator. Not only would the re-certification be expensive, but it also would make the airline's daily operations more expensive. Cape Air currently has one route of 25 miles, from Hyannis to Nantucket, Mass. Under Part 135 the pilot can simply take off, fly to the other airport and land. Under Part 121, the flight would fall under the more restrictive regulations requiring expensive operations through the air traffic control (ATC) center.

Along with addressing issues brought up by the industry, the review will also look at the impact of change on other FAA regulations, particularly Parts 91 and 121 regulations. A major overall issue will be rationalization of airline and aircraft operations into standardized categories, thereby eliminating the current ambiguity and need for interpretation of the regulations.

The review is being done under a basic Steering Committee headed by Ed Bolen, president of the General Aviation Manufacturers Association (GAMA). The committee consists of 29 individuals representing the entire spectrum of the aviation industry, including representatives from the FAA and the Department of Transportation (DOT). The Steering Committee presides over nine working groups: aeromedical, airship, airworthiness, applicability, equipment and technology, operations, Part 125, rotorcraft and training. Bolen said that international operations will be included under the operations committee for the time being, but may be made into a separated committee in the future.

At this time, four working group chairs have been appointed - Ken Javorski, director of operations for CJ Systems Aviation Group, chairs the aeromedical group; Brian Finnegan, president of the Professional Aviation Maintenance Association (PAMA), chairs the airworthiness group; Ed Bolen chairs the applicability group; and Dave Hewitt, vice president for government affairs at NetJet, chairs the operations group.

Prior to the first meeting, the industry was asked by FAA to submit papers about issues that need to be covered during the review. Those issue papers will be reviewed by the Steering Committee and assigned to the appropriate working group. The Steering Committee will provide direction and guidance to the working groups and review any recommendations made by them. Once a recommendation is reviewed, the Steering Committee will accept or reject it, modify it in concurrence with a member of the working group or send it back for additional action. The Steering Committee can also reassign the specific issue to another working group for action.

Once a recommendation is accepted by the Steering Committee, it will be forwarded to the FAA for action. When the FAA gets the recommendation, it can either accept or reject it. If accepted, the recommendation will be published as a notice of proposed rulemaking (NPRM). From there, it goes through the standard rulemaking process.

The need for new rulemaking under Parts 135 and 125 essentially goes back to 1995 when the FAA developed its "single level of safety" rules. The FAA included any operator flying an aircraft with 10 seats or more under the Part 121 regulations.

Today, the FAA is faced with new issues based on the size and type of aircraft, industry trends and dynamics, and competing aircraft operational and ownership options. The FAA feels that current regulations do not adequately address new technology and new aircraft available today. This includes areas such as modification of larger aircraft to fill small aircraft requirements, such as the Boeing Business Jet, and "new and varied aircraft types" such as airships, tiltrotor aircraft and small jets.

Perfitti said that the objectives and scope of the review process is to resolve current issues, enable new aircraft types, size and design, and new technologies to enter into air transportation, provide safety and applicability standards that reflect current and future industry, address international issues and rescind Part 125.

Steering Committee and working group meetings are expected to be held from three to five times a year over the next two years. The next meeting is scheduled for Aug. 19-21, followed by one scheduled for Nov. 18-20.

>>Contact: Hank Price, FAA Office of Public Affairs, Tel: 202-267-8521<<