NWOC 2015

FAA Order 8130.2H, Stadium Over Flights, PBR and ASRS

Jack HarringtonSmithAmundsen Aerospace

EAA/FAA Recreational Aviation Summit

Federal AviationAdministration

EAA Aviation CenterOshkosh, WIFebruary 10-11, 2015

AVS Pre-Brief Material

FAA Order 8130.2H Warbird AC

Presented by: Brian Cable, Acting Manager, Design, Manufacturing and Airworthiness Division

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Order 8130.2 Revision H• Scheduled for Publication March 2015• Cancels:

• 8130.20, Registration Requirements• 8130.29A, Show Compliance / Research &

Development• 8130.31, Airworthiness Certificates for 1903

Wright Flyer Replicas• All previous 8130.2 clarification or deviation

memorandums

• Combined all operating limitations into a single appendix• Removed approximately 100 operating limitations• Standardized limitations wherever possible• Removed redundant references to rules

• Incorporated Experimental Exhibition deviation memo• Added information for reviewing a program letter• Removed information about public aircraft operations

and referenced AFS guidance• Changes necessary to enable automation

Order 8130.2 Revision H

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• New Advisory Circular issued in conjunction with Order 8130.2H

• Applicable to certain former U.S. and foreign military aircraft

AC21-XX Experimental Airworthiness Certification of Certain Former Military Aircraft

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• Provides information and guidance to potential owners/applicants concerning:

•Sources of former military aircraft, cautions, demilitarization, other U.S. Government agencies,

•How to apply for A/W certification, program letters (sample provided), and operating limitations.

AC21-XX Experimental Airworthiness Certification of Certain Former Military Aircraft

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Stadium Over Flights

• PETITION FOR EXEMPTION FROM FEDERAL AVIATION REGULATION SECTION 91.319(c) TO PERMIT STADIUM OVERFLIGHTS IN EXPERIMENTAL AND EXPERIMENTAL EXHIBITION AIRCRAFT BY MEMBERS OF THE INTERNATIONAL COUNCIL OF AIR SHOWS AND THE EAA WARBIRDS OF AMERICA

FAA Administrative Action

• “Call the tower” “I’m from the FAA”

• Warning Notice, Letters of Correction

• Remedial Training (more in the future)

FAA Civil Penalty and Certificate Action

• Civil Penalties - Airman ($500 - $1,100 per day per violation)

• Certificate Actions• Suspension or Revocation

NASA ASRS

“Get Out of Jail Card”

http://asrs.arc.nasa.gov/

Pilots, Dispatchers, & Others Air Traffic Controllers Mechanics Cabin Crew

NASA ASRS

The violation was inadvertent and not deliberate;

The violation did not involve a criminal offense, accident, or lack of competency;

NASA ASRS

No prior FAR violation for a period of 5 years prior to the date of occurrence; and,

The person proves that, within 10 days after the violation, or date when the person became aware or should have been aware of the violation, he or she completed and delivered or mailed a written report of the incident or occurrence to NASA.

Pilot’s Bill of RightsNot Done Yet…

Jack HarringtonSmithAmundsen Aerospace

Not Long Ago…

The Enforcement Action

• Please call the Tower• LOI (a.k.a. 10- Day Letter)

• “If you do not respond, this investigation will proceed without the benefit of your input…”

Fair Trial?

August 3, 2012

PBR Overview

1. Procedure• Enhanced fairness – End of Special Deference Rule• Same rules as Federal Courts (evidence/procedure)• District Court Appeal

2. Access to Information• Notification of Pending Investigation and Rights• Investigatory File• ATC recordings and Radar Data

3. Systemic Improvements• NOTAMs• Medical Certification

Procedural Changes• Removed Administrator’s deference

Procedural Changes

• Federal Rules of Evidence• Federal Rules of Civil Procedure

• “…to the extent practicable…”

Procedural Changes

• District Court Review

Access to Information

• Notice• Timely• Miranda… sort of

I am from the FAA and I am

here to help you.

Access to Information - Evidence• Provide all evidence

NOTAM Repository…preliminary website posted end of 2014• Specifically not finalized or reliable:

NOTAM Repository…making progress, but still drinking from a hose:

Medical Certification

Medical Form - Notice

• “Whoever in any matter within the jurisdiction of any department or agency of the United States knowingly and willingly falsifies, conceals or covers up by any trick, scheme, or device a material fact, or who makes any false, fictitious or fraudulent statements or representations, or entry, may be fined up to $250,000 or imprisoned not more than 5 years, or both.”

• Criminal Penalty!

Medical Form- NDR

Medical Form- No. 17 (a)

Medical Form – No. 18

Medical Form – No. 18 (v).

Medical Form- No. 19

Bill of Rights Solution for Medical Certification• Thorough process underway:

• Comptroller General “initiates” an assessment no later than 180 days after Act enactment (DONE)

• Comptroller General prepares report, making use of panel of representatives from private sector groups, including EAA and AOPA (DONE)

• FAA response no later than 1 year from report • DUE APRIL, 2015

Medical Certification – GAO REPORT

• GAO recommends that FAA revise the online medical applications to enhance clarity, provide better instructions, and to focus on useful information.

• Recognizes that current application is confusing to applicants.

• Recognizes that FAA didn’t follow its own writing standards (short clear sentences).

Now What?

• PBR PART II• General Aviation Pilot Protections Act

What’s Going To Be In It?

• General Aviation Pilot Protection Act • Expansion of Light Sport Medical Exemption to

3rd Class Medical

• PBOR II:• Clarify DeNovo Appeal in District Court• Expand Rights Beyond Pilots to ALL FAA

Certificates• Add Penalties for FAA violation of PBR (can’t use

info)

What’s Going To Be In It?

• PBOR II:• Require actual probable cause for CBR stops• Revive expunction policy• Reel in FAA document requests “related” to

investigation• DPE Immunity

NWOC 2015

FAA Order 8130.2H, Stadium Over Flights, PBR and ASRS

Jack HarringtonSmithAmundsen Aerospace