80 FR 41447 - Petition of the Aircraft Owner and Pilots Association (AOPA) To Amend FAA Policy Concerning Flying Club Operations at Federally-Obligated Airports.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 80, Issue 135 (July 15, 2015)
Federal Aviation Administration
Federal Register Volume 80, Issue 135 (July 15, 2015)
| Page Range | 41447-41448 | |
| FR Document | 2015-17324 |
[Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)] [Proposed Rules] [Pages 41447-41448] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17324] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Chapter I [Docket No. FAA-2015-2022] Petition of the Aircraft Owner and Pilots Association (AOPA) To Amend FAA Policy Concerning Flying Club Operations at Federally- Obligated Airports. AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of petition; request for comments. ----------------------------------------------------------------------- SUMMARY: This notice requests comments on a petition by the Aircraft Owner and Pilots Association (AOPA) to revise certain policies concerning flying clubs in the Federal Aviation Administration (FAA) Order 5190.6B, FAA Airport Compliance Manual. As part of its effort to promote flying clubs, AOPA has requested certain revisions to FAA guidance intended to lower barriers for new flying clubs. These revisions allow flight instructors and mechanics who are club members to receive monetary compensation for services provided to club members. On April 3, 2015, the AOPA Senior Vice President for Government Affairs & Advocacy, James W. Coon, wrote to Mr. Randall Fiertz, FAA's Director of the Office of Airport Compliance and Management Analysis proposing revision to FAA guidance regarding compensation for flight instructors and persons maintaining aircraft within the context of flying club operations. AOPA seeks ``to help current flying clubs and airport sponsors comply with the FAA guidance outlined in 5190.6B, and to provide future flying clubs the opportunity to strengthen and unify general aviation pilots.'' AOPA states that its goal is ``to provide guidance that is attainable and ensures educated compliance from all airport users,'' and thus asks for ``updated guidance regarding compensation for flight instructors and maintainers'' because ``flight instructors and aviation mechanics are valuable assets to the aviation industry, and should be granted the privilege of fair compensation for their efforts on a local level.'' DATES: Send your comments on or before August 14, 2015. The FAA will consider comments on the petition. Any revisions resulting from the original petition or comments received will be adopted as of the date of a subsequent publication in the Federal Register. ADDRESSES: You may send comments [identified by Docket Number FAA-2015- 2022] using any of the following methods:Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. Mail: Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12-140, Routing Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590. Fax: 1-202-493-2251. Hand Delivery: To Docket Operations, Room W12-140 on the ground floor of the West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For more information on the notice and comment process, see the SUPPLEMENTARY INFORMATION section of this document. Docket: To read background documents or comments received, go to http://www.regulations.gov at any time or to Room W12-140 on the ground floor of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy: We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78). Availability of Documents: You can get an electronic copy of this Policy and all other documents in this docket using the Internet by: (1) Searching the Federal eRulemaking portal (http://www.faa.gov/regulations/search); (2) Visiting FAA's Regulations and Policies Web page at (http://www.faa.gov/regulations_policies; or (3) Accessing the Government Printing Office's Web page at (http://www.gpoaccess.gov/index.html. You can also get a copy by sending a request to the Federal Aviation Administration, Office of Airport Compliance and Management Analysis, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-3085. Make sure to identify the docket number, notice number, or amendment number of this proceeding. FOR FURTHER INFORMATION CONTACT: Miguel Vasconcelos, Airport Compliance Division, ACO-100, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, telephone (202) 267-3085; facsimile: (202) 267-4620. SUPPLEMENTARY INFORMATION: FAA Order 5190.6B, FAA Airport Compliance Manual (Order), published on September 30, 2009 defines flying clubs as: ``a nonprofit or not-for-profit entity (e.g., corporation, association, or partnership) organized for the express purpose of providing its members with aircraft for their personal use and [[Page 41448]] enjoyment only.'' The Order states that ``the ownership of the club aircraft must be vested in the name of the flying club or owned by all its members. The property rights of the members of the club shall be equal; no part of the net earnings of the club will benefit any one individual in any form, including salaries, bonuses, etc. The flying club may not derive greater revenue from the use of its aircraft than the amount needed for the operation, maintenance and replacement of its aircraft.'' The Order also notes that ``flying clubs may not offer or conduct . . . aircraft rental operations. They may conduct aircraft flight instruction for regular members only, and only members of the flying club may operate the aircraft.'' While members may not be monetarily compensated, existing policy allows flying clubs to allow compensation only in the form of credit against payment of dues or flight time. In addition, the Order states that ``no flying club shall permit its aircraft to be used for flight instruction for any person, including members of the club owning the aircraft, when such person pays or becomes obligated to pay for such instruction. An exception applies when the instruction is given by a lessee based on the airport who provides flight training and the person receiving the training is a member of the flying club. Flight instructors who are also club members may not receive payment for instruction except that they may be compensated by credit against payment of dues or flight time'' and that ``any qualified mechanic who is a registered member and part owner of the aircraft owned and operated by a flying club may perform maintenance work on aircraft owned by the club. The flying club may not become obligated to pay for such maintenance work except that such mechanics may be compensated by credit against payment of dues or flight time.'' [See FAA Order 5190.6B, paragraphs 10.6(a), (b), and (c).] Flying clubs are defined in such a way as to differentiate from for-profit aeronautical businesses offering aeronautical services to general public, e.g., FBOs, flight schools and aircraft rental providers. The owner of any airport (airport sponsor) developed with Federal grant assistance is required to operate the airport for the use and benefit of the public and to make it available to all types, kinds, and classes of aeronautical activity on fair and reasonable terms, and without unjust discrimination. This includes flying clubs. Assurance 22, Economic Nondiscrimination, of the prescribed sponsor assurances implements the provisions of 49 U.S.C. 47107(a)(l) through (6), and requires, in pertinent part, that the sponsor of a federally obligated airport ``. . . will make its airport available as an airport for public use on reasonable terms, and without unjust discrimination, to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport.'' Assurance 22(a) ``. . . may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.'' Assurance 22(h) At issue is the fact that some entities operating at federally- obligated airports identify themselves as ``flying clubs,'' while not meeting the definition of a ``flying club.'' Rather, they are engaged in providing commercial services at the airport. In some instances, these ``flying clubs'' present themselves to the public as alternatives to traditional flight schools and aircraft rental providers. Some publish flight training rates, including instruction fees and rental rates, and only charge nominal annual ``club fees.'' FAA policy reflects the concern that some entities claiming to be flying clubs are actually commercial service providers. These commercial service providers use the term ``flying club'' to avoid compliance with airport minimum standards for commercials service providers. This can result in unjust discrimination because legitimate service providers at the airport would be at an economic disadvantage in competition with the flying club, contrary to the federal grant assurances, specifically Grant Assurance 22, Economic Nondiscrimination Therefore, if proposed changes to the definition of a flying club and the related activities must be consistent with Grant Assurance 22. As part of its effort to promote flying clubs, AOPA has recommended revisions to FAA guidance. These recommendations, designed to promote flying clubs, include allowing flight instructors and mechanics who are club members to receive monetary compensation for services conducted for other club members or club aircraft. Specifically, AOPA proposes the following language for consideration in FAA flying club policies: AOPA Policy Proposal Item 1: ``No flying club shall permit its aircraft to be used for flight instruction for any person, including members of the club owning the aircraft, when such person pays or becomes obligated to pay for such instruction except in the following circumstances; (a) The flight instruction is provided to a club member by a commercial operator authorized by the airport sponsor to provide flight instruction on field. (b) The flight instruction is provided to a club member by a flight instructor who is also a club member that is in good standing according to the club bylaws. In either case, the flight instructor may receive monetary compensation; however the flying club is prohibited from holding itself out to the public as a fixed based operator, a specialized aviation service operation, or a flight school. In the case of (b) above, the Airport Sponsor has the right to limit flight instruction for monetary compensation but must permit the club to compensate club instructors with credit against payment of dues or flight time.'' AOPA Policy Proposal Item 2: ``Any qualified mechanic who is a member of the flying club may perform maintenance work on aircraft owned or exclusively used by the flying club. The flying club may not become obligated to pay for such maintenance work except that such mechanics may be compensated not to exceed a reasonable rate for the work performed at the discretion of club members. The club however may not hold out to the public as operating as a fixed base operator, a specialized aviation service operation, or maintenance facility. The Airport Sponsor has the right to limit maintenance work for monetary compensation but must permit the club to compensate club mechanics with credit against payment of dues or flight time.'' In brief, AOPA requests that flight instructors and mechanics who are club members be permitted to receive monetary compensation for services conducted within the club. AOPA's request also emphasizes that airport sponsors must [emphasis added] permit the club to compensate club instructors and mechanics with credit against payment of dues or flight time. AOPA-recommended revisions are available for review on the FAA Airports Web site, as well as in the docket locations described under Availability of documents in this notice. Request for Comments: The FAA requests comments on whether AOPA's recommendations can be considered consistent with the FAA's general policies regarding commercial aeronautical services and flying clubs on an airport, and if so, whether the stated agency policy on flying clubs should be revised to amend its definition of flying clubs. In particular, the FAA seeks comments from commercial service providers that engage in flight training and aircraft rental, from associations representing such service providers, and other interested parties. Issued in Washington, DC, on July 9, 2015. Randall S. Fiertz, Director, Office of Airport Compliance and Management Analysis. [FR Doc. 2015-17324 Filed 7-14-15; 8:45 am] BILLING CODE P
![Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Proposed Rules 41447
(3) Sell eligible foods purchased for SUMMARY: This notice requests DC 20590, between 9 a.m. and 5 p.m.,
the household at the price paid by the comments on a petition by the Aircraft Monday through Friday, except Federal
service for the food without any Owner and Pilots Association (AOPA) holidays.
additional cost markup; to revise certain policies concerning For more information on the notice
(4) Not impose a total order minimum flying clubs in the Federal Aviation and comment process, see the
of more than $50 per delivery for all Administration (FAA) Order 5190.6B, SUPPLEMENTARY INFORMATION section of
items purchased, including eligible FAA Airport Compliance Manual. As this document.
foods purchased with SNAP benefits part of its effort to promote flying clubs, Docket: To read background
and items purchased with other tender, AOPA has requested certain revisions to documents or comments received, go to
combined; FAA guidance intended to lower http://www.regulations.gov at any time
(5) Offer to accept orders and be able barriers for new flying clubs. These or to Room W12–140 on the ground
to deliver foods at least monthly; revisions allow flight instructors and floor of the West Building, 1200 New
(6) Obtain the agreement of the mechanics who are club members to Jersey Avenue SE., Washington, DC,
participant, at the time of the food receive monetary compensation for between 9 a.m. and 5 p.m., Monday
order, of the date and timeframe of services provided to club members. through Friday, except Federal holidays.
delivery; and On April 3, 2015, the AOPA Senior Privacy: We will post all comments
(7) Not impose any conditions on the Vice President for Government Affairs & we receive, without change, to http://
use of the food purchase and delivery Advocacy, James W. Coon, wrote to Mr. www.regulations.gov, including any
service which place a hardship on the Randall Fiertz, FAA’s Director of the personal information you provide.
SNAP household or which are unrelated Office of Airport Compliance and Using the search function of our docket
to the purchase and delivery of foods, Management Analysis proposing Web site, anyone can find and read the
such as tipping of the delivery driver or revision to FAA guidance regarding comments received into any of our
participation in religious or other compensation for flight instructors and dockets, including the name of the
affiliate activities. persons maintaining aircraft within the individual sending the comment (or
context of flying club operations. AOPA signing the comment for an association,
§ 278.6 [Amended] seeks ‘‘to help current flying clubs and business, labor union, etc.). You may
■ 8. In § 278.6: airport sponsors comply with the FAA review DOT’s complete Privacy Act
■ a. Amend paragraph (e)(1)(iii)(A) by guidance outlined in 5190.6B, and to Statement in the Federal Register
removing the words, ‘‘and (h)’’ and provide future flying clubs the published on April 11, 2000 (65 FR
adding in their place the words, ‘‘,(h) opportunity to strengthen and unify 19477–78).
and (i)’’. general aviation pilots.’’ AOPA states Availability of Documents: You can
■ b. Amend paragraph (l) by removing that its goal is ‘‘to provide guidance that get an electronic copy of this Policy and
the references, ‘‘§ 278.1(k)’’ and is attainable and ensures educated all other documents in this docket using
‘‘§ 278.1(j)’’ and adding in their place compliance from all airport users,’’ and the Internet by:
the references, ‘‘§ 278.1(l)’’ and thus asks for ‘‘updated guidance (1) Searching the Federal
‘‘§ 278.1(k)’’, wherever they occur, regarding compensation for flight eRulemaking portal (http://
respectively. instructors and maintainers’’ because www.faa.gov/regulations/search);
■ c. Amend paragraph (m) by removing ‘‘flight instructors and aviation (2) Visiting FAA’s Regulations and
the references, ‘‘§ 278.1(k)’’ and mechanics are valuable assets to the Policies Web page at (http://
‘‘§ 278.1(j)’’ and adding in their place aviation industry, and should be granted www.faa.gov/regulations_policies; or
the references, ‘‘§ 278.1(l)’’ and the privilege of fair compensation for (3) Accessing the Government
‘‘§ 278.1(k)’’, respectively. their efforts on a local level.’’ Printing Office’s Web page at (http://
Dated: June 21, 2015. DATES: Send your comments on or www.gpoaccess.gov/index.html.
Jeffrey J. Tribiano, before August 14, 2015. The FAA will You can also get a copy by sending a
consider comments on the petition. Any request to the Federal Aviation
Acting Administrator, Food and Nutrition
Service. revisions resulting from the original Administration, Office of Airport
petition or comments received will be Compliance and Management Analysis,
[FR Doc. 2015–17354 Filed 7–14–15; 8:45 am]
adopted as of the date of a subsequent 800 Independence Avenue SW.,
BILLING CODE 3410–30–P
publication in the Federal Register. Washington, DC 20591, or by calling
(202) 267–3085. Make sure to identify
ADDRESSES: You may send comments
the docket number, notice number, or
DEPARTMENT OF TRANSPORTATION [identified by Docket Number FAA–
amendment number of this proceeding.
2015–2022] using any of the following
methods: FOR FURTHER INFORMATION CONTACT:
Federal Aviation Administration
• Government-wide rulemaking Web Miguel Vasconcelos, Airport
14 CFR Chapter I site: Go to http://www.regulations.gov Compliance Division, ACO–100, Federal
and follow the instructions for sending Aviation Administration, 800
[Docket No. FAA–2015–2022] your comments electronically. Independence Avenue SW.,
• Mail: Docket Operations, U.S. Washington, DC 20591, telephone (202)
Petition of the Aircraft Owner and Department of Transportation, West 267–3085; facsimile: (202) 267–4620.
Pilots Association (AOPA) To Amend Building, Ground Floor, Room W12– SUPPLEMENTARY INFORMATION: FAA
srobinson on DSK5SPTVN1PROD with PROPOSALS
FAA Policy Concerning Flying Club 140, Routing Symbol M–30, 1200 New Order 5190.6B, FAA Airport
Operations at Federally-Obligated Jersey Avenue SE., Washington, DC Compliance Manual (Order), published
Airports. 20590. on September 30, 2009 defines flying
AGENCY: Federal Aviation • Fax: 1–202–493–2251. clubs as: ‘‘a nonprofit or not-for-profit
Administration (FAA), DOT. • Hand Delivery: To Docket entity (e.g., corporation, association, or
Operations, Room W12–140 on the partnership) organized for the express
ACTION: Notice of petition; request for
ground floor of the West Building, 1200 purpose of providing its members with
comments.
New Jersey Avenue SE., Washington, aircraft for their personal use and
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![41448 Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Proposed Rules
enjoyment only.’’ The Order states that pertinent part, that the sponsor of a is also a club member that is in good standing
‘‘the ownership of the club aircraft must federally obligated airport according to the club bylaws. In either case,
be vested in the name of the flying club the flight instructor may receive monetary
‘‘. . . will make its airport available as an compensation; however the flying club is
or owned by all its members. The airport for public use on reasonable terms,
property rights of the members of the prohibited from holding itself out to the
and without unjust discrimination, to all
public as a fixed based operator, a
club shall be equal; no part of the net types, kinds, and classes of aeronautical
activities, including commercial aeronautical specialized aviation service operation, or a
earnings of the club will benefit any one flight school. In the case of (b) above, the
individual in any form, including activities offering services to the public at the
airport.’’ Assurance 22(a) Airport Sponsor has the right to limit flight
salaries, bonuses, etc. The flying club instruction for monetary compensation but
‘‘. . . may establish such fair, equal, and
may not derive greater revenue from the not unjustly discriminatory conditions to be must permit the club to compensate club
use of its aircraft than the amount met by all users of the airport as may be instructors with credit against payment of
needed for the operation, maintenance necessary for the safe and efficient operation dues or flight time.’’
and replacement of its aircraft.’’ The of the airport.’’ Assurance 22(h) AOPA Policy Proposal Item 2:
Order also notes that ‘‘flying clubs may ‘‘Any qualified mechanic who is a member
At issue is the fact that some entities of the flying club may perform maintenance
not offer or conduct . . . aircraft rental operating at federally-obligated airports
operations. They may conduct aircraft work on aircraft owned or exclusively used
identify themselves as ‘‘flying clubs,’’ by the flying club. The flying club may not
flight instruction for regular members while not meeting the definition of a become obligated to pay for such
only, and only members of the flying ‘‘flying club.’’ Rather, they are engaged maintenance work except that such
club may operate the aircraft.’’ While mechanics may be compensated not to
in providing commercial services at the
members may not be monetarily exceed a reasonable rate for the work
airport. In some instances, these ‘‘flying
compensated, existing policy allows performed at the discretion of club members.
clubs’’ present themselves to the public
flying clubs to allow compensation only The club however may not hold out to the
as alternatives to traditional flight
in the form of credit against payment of public as operating as a fixed base operator,
schools and aircraft rental providers.
dues or flight time. a specialized aviation service operation, or
In addition, the Order states that ‘‘no Some publish flight training rates, maintenance facility. The Airport Sponsor
flying club shall permit its aircraft to be including instruction fees and rental has the right to limit maintenance work for
used for flight instruction for any rates, and only charge nominal annual monetary compensation but must permit the
person, including members of the club ‘‘club fees.’’ FAA policy reflects the club to compensate club mechanics with
owning the aircraft, when such person concern that some entities claiming to credit against payment of dues or flight
be flying clubs are actually commercial time.’’
pays or becomes obligated to pay for
such instruction. An exception applies service providers. These commercial
service providers use the term ‘‘flying In brief, AOPA requests that flight
when the instruction is given by a lessee instructors and mechanics who are club
based on the airport who provides flight club’’ to avoid compliance with airport
minimum standards for commercials members be permitted to receive
training and the person receiving the monetary compensation for services
training is a member of the flying club. service providers. This can result in
unjust discrimination because legitimate conducted within the club. AOPA’s
Flight instructors who are also club request also emphasizes that airport
members may not receive payment for service providers at the airport would be
at an economic disadvantage in sponsors must [emphasis added] permit
instruction except that they may be the club to compensate club instructors
compensated by credit against payment competition with the flying club,
contrary to the federal grant assurances, and mechanics with credit against
of dues or flight time’’ and that ‘‘any payment of dues or flight time.
qualified mechanic who is a registered specifically Grant Assurance 22,
member and part owner of the aircraft Economic Nondiscrimination Therefore, AOPA-recommended revisions are
owned and operated by a flying club if proposed changes to the definition of available for review on the FAA
may perform maintenance work on a flying club and the related activities Airports Web site, as well as in the
aircraft owned by the club. The flying must be consistent with Grant docket locations described under
club may not become obligated to pay Assurance 22. Availability of documents in this notice.
for such maintenance work except that As part of its effort to promote flying Request for Comments: The FAA
such mechanics may be compensated by clubs, AOPA has recommended requests comments on whether AOPA’s
credit against payment of dues or flight revisions to FAA guidance. These recommendations can be considered
time.’’ [See FAA Order 5190.6B, recommendations, designed to promote consistent with the FAA’s general
paragraphs 10.6(a), (b), and (c).] Flying flying clubs, include allowing flight policies regarding commercial
clubs are defined in such a way as to instructors and mechanics who are club aeronautical services and flying clubs
differentiate from for-profit aeronautical members to receive monetary on an airport, and if so, whether the
businesses offering aeronautical services compensation for services conducted for stated agency policy on flying clubs
to general public, e.g., FBOs, flight other club members or club aircraft. should be revised to amend its
schools and aircraft rental providers. Specifically, AOPA proposes the definition of flying clubs. In particular,
The owner of any airport (airport following language for consideration in the FAA seeks comments from
sponsor) developed with Federal grant FAA flying club policies: commercial service providers that
assistance is required to operate the AOPA Policy Proposal Item 1: engage in flight training and aircraft
airport for the use and benefit of the ‘‘No flying club shall permit its aircraft to rental, from associations representing
public and to make it available to all be used for flight instruction for any person,
srobinson on DSK5SPTVN1PROD with PROPOSALS
such service providers, and other
types, kinds, and classes of aeronautical including members of the club owning the
aircraft, when such person pays or becomes
interested parties.
activity on fair and reasonable terms,
and without unjust discrimination. This obligated to pay for such instruction except Issued in Washington, DC, on July 9, 2015.
in the following circumstances; (a) The flight Randall S. Fiertz,
includes flying clubs. Assurance 22, instruction is provided to a club member by
Economic Nondiscrimination, of the Director, Office of Airport Compliance and
a commercial operator authorized by the
prescribed sponsor assurances Management Analysis.
airport sponsor to provide flight instruction
implements the provisions of 49 U.S.C. on field. (b) The flight instruction is provided [FR Doc. 2015–17324 Filed 7–14–15; 8:45 am]
47107(a)(l) through (6), and requires, in to a club member by a flight instructor who BILLING CODE P
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Document Created: 2015-12-15 13:32:57
Document Modified: 2015-12-15 13:32:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of petition; request for comments. | |
| Dates | Send your comments on or before August 14, 2015. The FAA will consider comments on the petition. Any revisions resulting from the original petition or comments received will be adopted as of the date of a subsequent publication in the Federal Register. | |
| Contact | Miguel Vasconcelos, Airport Compliance Division, ACO-100, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, telephone (202) 267-3085; facsimile: (202) 267-4620. | |
| FR Citation | 80 FR 41447 |
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