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Proposed Rules Changes for the FAR

STOP the NOISE is proposing a number of rules changes to the Federal Aviation Regulations. We will post the proposals here. We will track the progress of the proposals here.

Currently two proposals are in development.

  1. Changes to Section 45 regarding size and location of aircraft registration markings. Our proposal will put them back under the wings where they belong.

    The rulemaking proposal has been issued a docket number, FAA-2004-17210-1.

    The proposal may be viewed at http://dmses.dot.gov/docimages/pdf89/271105_web.pdf .

    Disgraceful behavior

    On 19 April 2004, AOPA president Phil Boyer directed the FAA to dismiss this proposal. On 20 April, 2004, John Hickey of the FAA submitted to the wishes of AOPA. This proposal, which some at FAA told me earlier was of interest to FAA, was crushed before any review of it was done and before it was opened to public comment. These documents are posted on the docket, FAA-2004-17210-1.

    As much as we at STN are disappointed at FAA's gross mishandling of this proposal, we intend to use it as a shining example of the collusion between FAA and the aviation lobby to subvert the will of the American people. We want all people to see that:

    The aviation community, through its mouthpiece AOPA, wants to preserve its anonymity in our skies. They do not want to be subject to regulation.

    FAA does not want to do its job of regulating general aviation. The easiest, and most time-tested way of avoiding that responsibility is by keeping the identity of the aircraft as secret from those on the ground as possible. In that way no one outside the closed club of aviators can participate in the regulation of things that fly.

    That FAA is fearful of, and subordinates itself to, the wishes of the moneyed interests represented by AOPA and similar organizations.

    I attended a meeting with FAA officials at the Boston FSDO in the spring of 2003 to review their progress, or more correctly their lack of progress, in investigating and prosecuting pilots for clear violations of the FAR in our area. The managers, and inspectors present conceded that violations had occurred, but bemoaned that if only we could have read the N-numbers off of the aircraft they would gladly move forward with prosecutions. I asked those present why, since they all acknowledged that inability to read N-Numbers from the ground was all that was stopping them from prosecuting local pilots for violations of the FAR, did they not push within FAA for the N-Numbers to be large and under the wings where they would enable enforcement actions. One of the inspectors present, without hesitation, blurted out "AOPA would never let us do that." What more can be said?

    FAA clearly hasn't entered the age of Total Quality Management or Continuous Process Improvement. Or perhaps its might be that FAA personnel see their customers as some group other than the American people.

    STN will resubmit this proposal. In preparation for this, we ask that you all contact your federal representatives and let them know of your outrage at the disgraceful behavior of Mr. John J. Hickey, Director Aircraft Certification Services.
    Find your Senators here.      Find your Congressman here.

     

  2. Changes to FAR 91.303 to define "congested area".
    This hasn't happened yet. However, FAA did add a definition of "noise sensitive area" to Advisory Circular AC 91-36D.
     DEFINITION. For the purposes of this AC, an area is "noise-sensitive" if noise interferes with normal activities associated with the area’s use. Examples of noise-sensitive areas include residential, educational, health, and religious structures and sites, and parks, recreational areas (including areas with wilderness characteristics), wildlife refuges, and cultural and historical sites where a quiet setting is a generally recognized feature or attribute.
     
  3. Changes to the Airport Improvement Program.

It is our government.  Let us make it work for us.  Become active.

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Copyright © 2004-2008 STOP the NOISE, Inc.  All rights reserved.
Revised: April 24, 2008