81 FR 13719 - 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 81, Issue 50 (March 15, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 50 (March 15, 2016)
| Page Range | 13719-13721 | |
| FR Document | 2016-05833 |
[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)] [Rules and Regulations] [Pages 13719-13721] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05833] ----------------------------------------------------------------------- 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: Final policy. ----------------------------------------------------------------------- SUMMARY: The policy statement clarifies the FAA's policy interpretation regarding the operation of flying clubs at federally-obligated airports. Specifically, this policy statement amends FAA Order 5190.6B, Airport Compliance Requirements, Section 10.6 Flying Clubs to allow the clubs to compensate instructors and mechanics who are club members for services rendered to the Club. This policy statement also amends the FAA's definition of flying clubs. DATES: This action becomes effective April 4, 2016. 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: Introduction and Background On April 3, 2015, the Aircraft Owners and Pilots Association (AOPA) Senior Vice President for Government Affairs & Advocacy wrote to the FAA's Director of the Office of Airport Compliance and Management Analysis proposing revisions to FAA's current policy regarding compensation for flight instructors and persons maintaining aircraft within the context of flying club operations. AOPA stated in its letter that it sought ``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 said that its goal is ``to provide guidance that is attainable and ensures educated compliance from all airport users,'' and asked 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.'' AOPA proposes clubs be permitted to compensate member flight instructors and member mechanics for services rendered to the club or club members. Such compensation, AOPA suggests, should be monetary or in the form of credit against payment of dues or flight time. The FAA requested comments on whether AOPA's recommendations are consistent with the FAA's general policies regarding commercial aeronautical services and on-airport flying clubs, 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 sought comments from commercial service providers that engage in flight training and aircraft rental, from associations representing such service providers, and other interested parties. Public comments were received and considered, and changes to the existing policy were adopted. I. Current Policy FAA Order 5190.6B, FAA Airport Compliance Manual (Order), paragraph 10(6)(a), published on September 30, 2009, defines a flying club 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 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 inure to the benefit of any 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. FAA Order 5190.6B at para. 10(6)(b). 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.'' FAA Order 5190.6B at para. 10.6(c)(1). The Order also 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. FAA Order 5190.6B at para. 10.6(c)(3). 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. Id. 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.'' 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. [[Page 13720]] The owner of any federally-obligated airport (airport sponsor) is required by the sponsor grant assurances to operate that airport for the use and benefit of the public and to make that airport available to all types, kinds, and classes of aeronautical activity on fair and reasonable terms, without unjust discrimination. II. AOPA Proposal AOPA states that its recommendations are designed to promote flying clubs by allowing flight instructors and mechanics who are club members to receive monetary compensation for services conducted for other club members or club aircraft: 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 standings 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.'' III. Comments Received The FAA received comments from 44 airport users including flight instructors, pilots and flying club members. Thirty-seven of the airport users were flying club members who submitted a letter identifying themselves as ``Flying Club Participants at Air Venture 2015''. The remaining seven airport users submitted individual comments. Two industry groups submitted comments: Flight School Association of North America (FSANA) and National Air Transportation Association of North America (NATA). FSANA is a membership-based association representing flight schools and firms involved in flight training. NATA is an organization representing the interest of aviation businesses such as aircraft fueling, maintenance, parts sales, storage, rental, airline servicing, flight training, Part 135 on-demand air charter, and fractional aircraft program management. Forty-three airport users offered support of both AOPA Policy Proposals: An individual commenter believes that the policy change would provide an incentive for pilots who belong to flying clubs to remain current and continue their education in a convenient, cost- effective, and familiar environment. Another commenter indicated that small airports rely on flying clubs because there is not enough business activity to support a flight school. This commenter is an inactive pilot because there is no aircraft rental or flight training available at the airport. However, the club at a local airport has several certificated flight instructors (CFI). Many CFIs have full time jobs and are not interested in donating their evenings and weekends without compensation. The president of a nonprofit flying club at Skyhaven Airport in Rochester, New Hampshire, indicates that the airport does not have a flight school. None of the club members can receive proficiency checkouts or additional training in club aircraft without violating the airport's policy. There are several CFIs in the community that would join the club if they could be compensated. Supporters of the AOPA proposal believe the proposed policy change would (1) provide enhanced opportunities for students to fulfill their educational needs in surroundings they find appealing and accessible; (2) provide incentive for pilots who are members of flying clubs to remain current; and (3) create additional opportunities and incentives for certificated flight instructors to actively participate in flying clubs. A commenter is opposed to a change in policy. He believes it will weaken ``for profit'' flight schools which have suffered financially for the past eight years. FSANA believes that flying clubs can be a positive asset to the community. FSANA recognizes that flying clubs that are not for profit have a business advantage over for profit flight schools. They also believe a flying club should not be classified as a commercial operator. FSANA supports compensation for certificated flight instructors and mechanics as long as flying clubs serve the needs of their members and not promote their services to the general public and do not compete with commercial operators. FSANA encouraged the FAA to create awareness and enforce transparency for the flying club community and airport sponsors to ensure that flying clubs do not compete with commercial operators and promote themselves to the general public. NATA recognizes AOPA's initiative is intended to increase public interest in flying by strengthening flying clubs. Of concern to NATA are those entities that classify themselves as flying clubs but are commercial aviation businesses thus avoiding compliance with an airport sponsor's minimum standards. NATA asserts that flying clubs that offer their services to the general public should not be able to enjoy the protection of a non-profit flying club to avoid complying with an airport's minimum standards. NATA does not object to either of AOPA's proposals but recommends that CFIs and mechanics receive either (1) monetary compensation or (2) discounted/waived regular club member dues or flying time, but not both. NATA believes that without such a restriction, outside instructors or mechanics could receive waived dues and monetary compensation for performing work without ever having invested in the club as would a bona-fide member. NATA suggests that the policy change with these limitations will be beneficial and will create a more level playing field. FSANA and NATA suggest that any clarification of the policy should emphasize that (1) flying clubs should at no time hold themselves out as fixed based operators, flight schools, or as businesses at which people can learn to fly; and (2) CFIs and mechanics should be permitted to receive monetary compensation as long as flying clubs of which they are members meet adequate criteria, which may include the airport sponsor's authorization and/or sponsor-imposed conditions. FSANA and NATA also recommended that flying clubs must not indicate in any form of marketing and/or communications that they are a flight school, and flying clubs must not indicate in any form of marketing and/or communications that they are a business where people can learn to fly. IV. Final Policy Changes FAA's primary concern is that flying clubs operating at federally- obligated [[Page 13721]] airports must conform to the FAA definition found in FAA Order 5190.6B, paragraph 10.6. As stated, the Order defines ``a flying club 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 enjoyment only.'' In addition, 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 and no part of the net earnings of the club will inure to the benefit of any individual in any form, including salaries, bonuses, etc. These flying clubs can be distinguished from commercial service providers that use the term ``flying club'' to describe their operation in order to avoid having to comply with the airport's minimum standards for commercial service providers Those ``flying clubs'' do not conform to the FAA definition and put other commercial aeronautical service providers at an economic disadvantage. Generally, they hold themselves out to the public as alternatives to traditional flight schools and aircraft rental providers, and charge only nominal annual ``club fees.'' FAA policy will emphasize three points: (1) Flying clubs should at no time hold themselves out as fixed based operators, flight schools, or as businesses offering services to the general public; and (2) CFIs and mechanics should be permitted to receive either monetary compensation or discounted/waived regular club member dues but not both; (3) flying clubs must not indicate, in any form of marketing and/ or communications, that they are a flight school and flying clubs must not indicate in any form of marketing and/or communications that they are a business where people can learn to fly. FAA agrees with NATA that flight instructors and mechanics should be bona-fide club members paying dues as a condition to receiving compensation for services or a bona-fide member receiving a discount or waiver of dues with no compensation. To offer both compensation and discounted/waived dues may result in abuse and the use of outside instructors and mechanics who have no investment of time or commitment to the club. Additionally, FAA agrees with NATA and FSANA that flying clubs must distinguish themselves from other aeronautical service providers. FAA expects that sponsors of federally-obligated airports will take appropriate action to ensure that commercial operators and flying clubs are properly classified, and the sponsor's actions are consistent with its grant assurances, specifically Grant Assurance 22, Economic Nondiscrimination. FAA's policy regarding flying clubs is amended by revising FAA Order 5190.6B paragraphs 10.6(c)(3) and (4) and by adding paragraphs 10.6 (c)(8) and (9): b. General 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 inure to the benefit of any 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. (c)(3). A flying club may permit its aircraft to be used for flight instruction in a club-owned aircraft as long as both the instructor providing instruction and person receiving instruction are members of the club owning the aircraft, or 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. In either circumstance, a flight instructor may receive monetary compensation for instruction or may be compensated by credit against payment of dues or flight time; however that individual may not receive both compensation and waived or discounted dues or flight time concurrently. The airport sponsor may set limits on the amount of instruction that may be performed for compensation. (c)(4). A 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 mechanic may receive monetary compensation for such maintenance work or may be compensated by credit against payment of dues or flight time; however that individual may not receive both compensation and waived or discounted dues or flight time concurrently. The airport sponsor may set limits on the amount of maintenance that may be performed for compensation. (c)(8). Flying Clubs may not hold themselves out to the public as fixed based operators, a specialized aviation service operation, maintenance facility or a flight school and are prohibited from advertisements as such or be required to comply with the appropriate airport minimum standards. (c)(9). Flying Clubs may not indicate in any form of marketing and/ or communications that they are a flight school, and Flying Clubs must not indicate in any form of marketing and/or communications that they are a business where people can learn to fly. Issued in Washington, DC, on March 9, 2016. Byron Huffman, Acting Director, Office of Airport Compliance and Management Analysis. [FR Doc. 2016-05833 Filed 3-14-16; 8:45 am] BILLING CODE 4910-13-P
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(i) Material Incorporated by Reference Flying Clubs to allow the clubs to interested parties. Public comments
(1) The Director of the Federal Register compensate instructors and mechanics were received and considered, and
approved the incorporation by reference who are club members for services changes to the existing policy were
(IBR) of the service information listed in this rendered to the Club. This policy adopted.
paragraph under 5 U.S.C. 552(a) and 1 CFR statement also amends the FAA’s
part 51. I. Current Policy
definition of flying clubs.
(2) You must use this service information
as applicable to do the actions required by DATES: This action becomes effective FAA Order 5190.6B, FAA Airport
this AD, unless the AD specifies otherwise. April 4, 2016. Compliance Manual (Order), paragraph
(i) Britten-Norman Service Bulletin SB 310, FOR FURTHER INFORMATION CONTACT: 10(6)(a), published on September 30,
Issue 4, dated September 25, 2015. Miguel Vasconcelos, Airport 2009, defines a flying club as: ‘‘a
(ii) Reserved. Compliance Division, ACO–100, Federal nonprofit or not-for-profit entity (e.g.,
(3) For Britten-Norman Aircraft Limited Aviation Administration, 800 corporation, association, or partnership)
service information identified in this AD, Independence Avenue SW., organized for the express purpose of
contact Britten-Norman Aircraft Limited,
Washington, DC 20591, telephone (202) providing its members with aircraft for
Commodore House, Mountbatten Business
Centre, Millbrook Road East, Southampton 267–3085; facsimile: (202) 267–4620. their personal use and enjoyment only.’’
SO15 1HY, United Kingdom; telephone: +44 SUPPLEMENTARY INFORMATION: The Order states that,
20 3371 4000; fax: +44 20 3371 4001; email: the ownership of the club aircraft must be
info@bnaircraft.com; Internet: http:// Introduction and Background
vested in the name of the flying club or
www.britten-norman.com/customer-support/. On April 3, 2015, the Aircraft Owners owned by all its members. The property
(4) You may review copies of the and Pilots Association (AOPA) Senior rights of the members of the club shall be
referenced service information at the FAA, Vice President for Government Affairs & equal; no part of the net earnings of the club
Small Airplane Directorate, 901 Locust, Advocacy wrote to the FAA’s Director of will inure to the benefit of any individual in
Kansas City, Missouri 64106. For information any form, including salaries, bonuses, etc.
on the availability of this material at the
the Office of Airport Compliance and
The flying club may not derive greater
FAA, call (816) 329–4148. In addition, you Management Analysis proposing
revenue from the use of its aircraft than the
can access this service information on the revisions to FAA’s current policy amount needed for the operation,
Internet at http://www.regulations.gov by regarding compensation for flight maintenance, and replacement of its aircraft.
searching for and locating Docket No. FAA– instructors and persons maintaining FAA Order 5190.6B at para. 10(6)(b).
2015–7777. aircraft within the context of flying club
(5) You may view this service information operations. AOPA stated in its letter that The Order also notes that ‘‘flying
that is incorporated by reference at the it sought ‘‘to help current flying clubs clubs may not offer or conduct . . .
National Archives and Records and airport sponsors comply with the aircraft rental operations. They may
Administration (NARA). For information on conduct aircraft flight instruction for
the availability of this material at NARA, call
FAA guidance outlined in 5190.6B, and
202–741–6030, or go to: http:// to provide future flying clubs the regular members only, and only
www.archives.gov/federal-register/cfr/ibr- opportunity to strengthen and unify members of the flying club may operate
locations.html. general aviation pilots.’’ AOPA said that the aircraft.’’ FAA Order 5190.6B at
its goal is ‘‘to provide guidance that is para. 10.6(c)(1). The Order also states
Issued in Kansas City, Missouri, on March
7, 2016. attainable and ensures educated that ‘‘no flying club shall permit its
compliance from all airport users,’’ and aircraft to be used for flight instruction
Pat Mullen,
asked for ‘‘updated guidance regarding for any person, including members of
Acting Manager, Small Airplane Directorate, the club owning the aircraft, when such
Aircraft Certification Service.
compensation for flight instructors and
maintainers’’ because ‘‘flight instructors person pays or becomes obligated to pay
[FR Doc. 2016–05509 Filed 3–14–16; 8:45 am]
and aviation mechanics are valuable for such instruction. FAA Order
BILLING CODE 4910–13–P 5190.6B at para. 10.6(c)(3). An
assets to the aviation industry, and
should be granted the privilege of fair exception applies when the instruction
compensation for their efforts on a local is given by a lessee based on the airport
DEPARTMENT OF TRANSPORTATION
level.’’ who provides flight training and the
Federal Aviation Administration AOPA proposes clubs be permitted to person receiving the training is a
compensate member flight instructors member of the flying club. Id. Flight
14 CFR Chapter I and member mechanics for services instructors who are also club members
rendered to the club or club members. may not receive payment for instruction
[Docket No. FAA–2015–2022] Such compensation, AOPA suggests, except that they may be compensated by
should be monetary or in the form of credit against payment of dues or flight
Petition of the Aircraft Owner and time’’ and that ‘‘any qualified mechanic
credit against payment of dues or flight
Pilots Association (AOPA) To Amend who is a registered member and part
time.
FAA Policy Concerning Flying Club The FAA requested comments on owner of the aircraft owned and
Operations at Federally Obligated whether AOPA’s recommendations are operated by a flying club may perform
Airports consistent with the FAA’s general maintenance work on aircraft owned by
AGENCY: Federal Aviation policies regarding commercial the club. The flying club may not
Administration (FAA), DOT. aeronautical services and on-airport become obligated to pay for such
ACTION: Final policy. flying clubs, and if so, whether the maintenance work except that such
asabaliauskas on DSK3SPTVN1PROD with RULES
stated agency policy on flying clubs mechanics may be compensated by
SUMMARY: The policy statement clarifies should be revised to amend its credit against payment of dues or flight
the FAA’s policy interpretation definition of flying clubs. In particular, time.’’ Flying clubs are defined in such
regarding the operation of flying clubs at the FAA sought comments from a way as to differentiate from for-profit
federally-obligated airports. commercial service providers that aeronautical businesses offering
Specifically, this policy statement engage in flight training and aircraft aeronautical services to general public,
amends FAA Order 5190.6B, Airport rental, from associations representing e.g., FBOs, flight schools and aircraft
Compliance Requirements, Section 10.6 such service providers, and other rental providers.
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![Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations 13721
airports must conform to the FAA sponsor’s actions are consistent with its communications that they are a flight
definition found in FAA Order 5190.6B, grant assurances, specifically Grant school, and Flying Clubs must not
paragraph 10.6. As stated, the Order Assurance 22, Economic indicate in any form of marketing and/
defines ‘‘a flying club as a nonprofit or Nondiscrimination. or communications that they are a
not-for-profit entity (e.g., corporation, FAA’s policy regarding flying clubs is business where people can learn to fly.
association, or partnership) organized amended by revising FAA Order Issued in Washington, DC, on March 9,
for the express purpose of providing its 5190.6B paragraphs 10.6(c)(3) and (4) 2016.
members with aircraft for their personal and by adding paragraphs 10.6 (c)(8) Byron Huffman,
use and enjoyment only.’’ In addition, and (9):
Acting Director, Office of Airport Compliance
the ownership of the club aircraft must b. General The ownership of the
and Management Analysis.
be vested in the name of the flying club club aircraft must be vested in the name
[FR Doc. 2016–05833 Filed 3–14–16; 8:45 am]
or owned by all its members, the of the flying club or owned by all its
BILLING CODE 4910–13–P
property rights of the members of the members. The property rights of the
club shall be equal and no part of the members of the club shall be equal; no
net earnings of the club will inure to the part of the net earnings of the club will
benefit of any individual in any form, inure to the benefit of any individual in DEPARTMENT OF HOMELAND
including salaries, bonuses, etc. These any form, including salaries, bonuses, SECURITY
flying clubs can be distinguished from etc. The flying club may not derive
greater revenue from the use of its U.S. Customs and Border Protection
commercial service providers that use
the term ‘‘flying club’’ to describe their aircraft than the amount needed for the
operation, maintenance and DEPARTMENT OF THE TREASURY
operation in order to avoid having to
comply with the airport’s minimum replacement of its aircraft.
(c)(3). A flying club may permit its 19 CFR Part 12
standards for commercial service
providers Those ‘‘flying clubs’’ do not aircraft to be used for flight instruction [CBP Dec. 16–05]
conform to the FAA definition and put in a club-owned aircraft as long as both
RIN 1515–AE08
other commercial aeronautical service the instructor providing instruction and
providers at an economic disadvantage. person receiving instruction are Extension of Import Restrictions
Generally, they hold themselves out to members of the club owning the aircraft, Imposed on Certain Archaeological
the public as alternatives to traditional or when the instruction is given by a and Ethnological Materials From the
flight schools and aircraft rental lessee based on the airport who Republic of Colombia
providers, and charge only nominal provides flight training and the person
annual ‘‘club fees.’’ receiving the training is a member of the AGENCY: Customs and Border Protection,
FAA policy will emphasize three flying club. In either circumstance, a Department of Homeland Security;
points: (1) Flying clubs should at no flight instructor may receive monetary Department of the Treasury.
time hold themselves out as fixed based compensation for instruction or may be ACTION: Final rule.
operators, flight schools, or as compensated by credit against payment
businesses offering services to the of dues or flight time; however that SUMMARY: This document amends the
general public; and (2) CFIs and individual may not receive both U.S. Customs and Border Protection
mechanics should be permitted to compensation and waived or discounted (CBP) regulations to reflect the
receive either monetary compensation dues or flight time concurrently. The extension of import restrictions on
or discounted/waived regular club airport sponsor may set limits on the certain archaeological and ethnological
member dues but not both; (3) flying amount of instruction that may be materials from the Republic of Colombia
clubs must not indicate, in any form of performed for compensation. (‘‘Colombia’’). The restrictions, which
marketing and/or communications, that (c)(4). A qualified mechanic who is a were originally imposed by CBP
they are a flight school and flying clubs registered member and part owner of the Decision (Dec.) 06–09 and extended by
must not indicate in any form of aircraft owned and operated by a flying CBP Dec. 11–06, are due to expire on
marketing and/or communications that club may perform maintenance work on March 15, 2016. The Assistant Secretary
they are a business where people can aircraft owned by the club. The for Educational and Cultural Affairs,
learn to fly. FAA agrees with NATA that mechanic may receive monetary United States Department of State, has
flight instructors and mechanics should compensation for such maintenance determined that factors continue to
be bona-fide club members paying dues work or may be compensated by credit warrant the imposition of import
as a condition to receiving against payment of dues or flight time; restrictions and no cause for suspension
compensation for services or a bona-fide however that individual may not receive exists. Accordingly, these import
member receiving a discount or waiver both compensation and waived or restrictions will remain in effect for an
of dues with no compensation. To offer discounted dues or flight time additional five years, and the CBP
both compensation and discounted/ concurrently. The airport sponsor may regulations are being amended to reflect
waived dues may result in abuse and set limits on the amount of maintenance this extension until March 15, 2021.
the use of outside instructors and that may be performed for These restrictions are being extended
mechanics who have no investment of compensation. pursuant to determinations of the
time or commitment to the club. (c)(8). Flying Clubs may not hold United States Department of State made
Additionally, FAA agrees with NATA themselves out to the public as fixed under the terms of the Convention on
asabaliauskas on DSK3SPTVN1PROD with RULES
and FSANA that flying clubs must based operators, a specialized aviation Cultural Property Implementation Act
distinguish themselves from other service operation, maintenance facility that implemented the United Nations
aeronautical service providers. or a flight school and are prohibited Educational, Scientific and Cultural
FAA expects that sponsors of from advertisements as such or be Organization (UNESCO) Convention on
federally-obligated airports will take required to comply with the appropriate the Means of Prohibiting and Preventing
appropriate action to ensure that airport minimum standards. the Illicit Import, Export and Transfer of
commercial operators and flying clubs (c)(9). Flying Clubs may not indicate Ownership of Cultural Property. CBP
are properly classified, and the in any form of marketing and/or Dec. 06–09 contains the Designated List
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Document Created: 2016-03-15 04:07:32
Document Modified: 2016-03-15 04:07:32
| 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 | Rules and Regulations | |
| Action | Final policy. | |
| Dates | This action becomes effective April 4, 2016. | |
| 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 | 81 FR 13719 |
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