EAA Sport Aviation - January 2009

advocacy update

What 2009 May Bring

New TSA and homebuilt rules threaten our freedoms

EARL LAWRENCE, EAA 265455

EAA Vice President of Government and Industry Affairs

It’s Thanksgiving Day as I write this, and most of us in the United States are giving thanks for all we have. Despite the many challenges we face in aviation, we have much to give thanks for: Congress still has not created new user fees; the FAA is still certificating kit-built aircraft as it has in the past; homebuilts and warbirds are still able to fly in and out of airports in densely populated areas; and the Environmental Protection Agency has not prevented the use of 100LL. Even aviation fuel prices are coming down to a level that seems acceptable.

But I cannot help thinking how our lives have changed since September 11, 2001. The events of

9/11 have created an entirely new set of challenges. Since 9/11 a new agency, the Transportation Security Administration (TSA), was formed and reorganized with other existing agencies under the Department of Homeland Security (DHS). Recently, years of effort by several DHS agencies are concluding with a series of new regulations for aviation. Any one of the requirements isn’t necessarily menacing or burdensome, but as a whole they reflect a societal fear of aircraft and a questioning of the motives of those who love flying.

To address this trend, all of us need to become ambassa-
dors for aviation. It may sound self-serving, but in addition
to being ambassadors for aviation, we need to grow the ranks
of EAA. By being an active EAA member, you are counted
as a special person, one who supports aviation and all the
positive things that it brings to society. Numbers count in
Washington; we are facing challenges to our love of rec-
reational aviation and need your support more than ever.
Thank you for being a member; please pass the word and ask
others to join in our efforts to promote aviation.
size, are considered a threat; another suggests your own fam-
ily may not be allowed to fly with you.
“Any size aircraft (large or small) may meet the definition
of a private aircraft under CBP regulations. Furthermore, even
though large aircraft may inflict more damage if flown into
infrastructure, both large and small aircraft present a threat
because they may be used to transport terrorists or terrorist
weapons. Creating an exemption
for private aircraft would provide
a loophole that could compro-
mise our national security.” And;
“The purpose of this rule is to
increase U.S. national security
as well as that of private aircraft
operators. As such, it is entirely
possible that the family mem-
bers, friends, acquaintances, and employers who may
travel as passengers on private aircraft are in fact on the
“No-Fly” list unbeknownst to the pilot, which will affect
whether CBP grants, denies, or restricts landing rights to
the aircraft.”
Numbers count in Washington; we
are facing challenges to our love
of recreational aviation and need
your support more than ever.

New Customs Rules

The U.S. Customs and Border Protection agency (CBP) has new security rules for all aircraft traveling to and from the United States. (Read the specifics at www.EAA.org/gov.) There are several statements in the final rule that provide important insight into the DHS’s concerns about general aviation. Two comments stand out: one states that all aircraft, regardless of

Amateur-Built Update

The FAA continues to work on its revised policy on the certification of amateur-built aircraft and the associated definitions of what will be considered an amateur-built aircraft in the future. EAA and other members of the previous Amateur-Built Aviation Rulemaking Committee have been invited to meet with the FAA early in 2009 to provide additional input as the policy is finalized.

By this summer there is likely to be a new policy in place as to what is and is not an eligible amateur-built kit. Members looking at purchasing a kit to build should take care to ensure the project they are buying will be eligible for an airworthiness certificate. For those building now, the FAA has grandfathered kits already on the FAA 51-percent eligibility list, but builders should make sure they can document their work on the kit through their builder’s logs, pictures, and/or videos.