AircraftOwner Online

Our hearts go out to those impacted by the accident at Reno. Jimmy Leeward was a personal friend and a great pilot.  He flew my Ford Tri-motor in the movie "Amelia".  I flew with him in the movie as well as from Minneapoils to Toronto and return for filming.  We spent two weeks with him on the set.  Jimmy was wonderful.  This was a most unfortunate accident for everyone concerned. 

Despite the economic downturn, I am regularly reminded of the constant innovations that are made in General Aviation.

Yes, I know that the basic premise of aircraft design has not changed all that much over time. After all, neither has the basic design for boats. But once in a while someone comes up with something that’s really neat.

Martin Jetpack Is Still Coming
I was reminded of this again today when I received press packet concerning the Martin Jetpack. Here is an outfit that, that many thought would disappear into the pages of history after their initial appearance at Oshkosh back in 2008. But they are still around, seemingly improving their product and poking fun at those who said they were a flash in the pan.

The Jetpack as you recall if you were there was a somewhat bulky looking device that someone rode a couple of feet off the ground at their OSH exhibit – with people stabilizing the modest ascent all the while. Low and behold, it looks like they have made progress since then. The current pictures show someone hovering about 20 feet off the ground. This video shows it flying remotely quite a bit higher than that.

The thing I really like about this is that these guys have not given up. They have gone so far as to compare Jetpack operations to a light helicopter. A bit optimistic perhaps – one might even call it hyperbole – were it not for the progress these folks have made over the last several years. I wish them luck and continued success.

Inexpensive Traffic Avoidance Could Save Your Life
Other innovations also continue to be refined add to the overall safety of our General Aviation flying. One of my favorite categories are the comparatively inexpensive traffic avoidance devices. These include the likes of the Zaon XRX and MRX systems which could save you from a mid-air collision. I have recently purchased the XRX and trust me, there is much more traffic out there than you ever have a chance to eyeball. These are worthwhile investments no matter where you fly.

Getting ready of another trip into the Baja and mainland Mexico, I am also taking along another fairly recent innovation: the SPOT locator beacon system. Not only can these inexpensive devices help notify others of your location in an emergency, they also allow friends and loved ones to follow your travels on Google Maps (OK, if you don’t want to send your location all the time you don’t need to have it on all the time)!

Other innovations we can use include the portable and low cost pulse oximeters which you can use to periodically check your blood oxygen content when flying at higher altitudes. To make sure you are breathing the right stuff, you can now purchase inexpensive CO detectors to go along with it.

I-Pad Type Devices Are Information Pads for GA
Several friends have recently purchased I-pads and subscribed to one of several flight planning Web sites that provide everything from weather to online approach plates. This industry is still in its infancy and yet they are providing capabilities we would only have dreamed about a few short years ago.

I absolutely love my seat-of-the-pants flying, but I am also so pleased at all of the innovations coming out in support of General Aviaiton. These can make our flying even safer and in many cases more fun.

Another Summer Of Great Flying Is Upon Us!
I am also getting excited about the summer flying season and looking forward to all the flying coming up this year. As I mentioned, that begins with my nearly annual flying trip to Mexico which will coincide with the first fly-in I usually attend in Casa Grande, Arizona, the Cactus Fly-in the weekend of March 4 – 5, and then Sun ‘N Fun in Lakeland, Florida, March 29 through April 3. I have not decided what I’m taking to Sun ‘n Fun this year but it may just be my recently restored Paramount Cabinaire. But we’ll see. For sure I will be there all week.

Just a reminder, if you have not been flying that much this winter, it’s time to get out when you can and brush off those winter cobwebs for a safe and enjoyable summer of great fun and adventure. We look forward to seeing you at a fly-in or other aviation gathering this year.

I have said this before and I am saying it again simply because it is so important. We need as many members of the Congress and Senate to join the General Aviaiton Caucus as possible. 

On  February 15, in Washington, DC there is going to be a reception to host present and potential Members of the GA Caucus.  We need to get your representatives to that reception. 

So, get on your e-mail (or call them up).  This communiqué from the AOPA will be helpful: 

The Co-Chairs of the U.S. House of Representatives General Aviation Caucus (GA Caucus), Congressmen Sam Graves (R-MO) and John Barrow (D-GA), both AOPA members, need your help.  They are required to re-establish the Caucus in the new Congress and in so doing, they have to recruit Members to join all over again.  The Caucus is a bipartisan group of Members of Congress who are interested in learning the importance of general aviation  to our economy and transportation system.  

We need a robust GA Caucus to fend of attacks on our freedom to fly.  Last year we had 125 Members of the House GA Caucus and Congressmen Graves and Barrow want to surpass that number this Congress.  They can’t do it without your help.  

Please reach out to you Representatives and encourage him/her to join the GA Caucus to secure the future of General Aviation and the 1.3 million jobs and more than $150 billion it contributes to the U.S. economy annually.  

Be sure to tell them that they can join the Caucus by contacting Mike Matousek (with Congressman Sam Graves) at 202-225-7041 or mike.matousek@mail.house.gov or Brandon Webb (with Congressman  John Barrow) at 202-225-2823 or brandon.webb@mail.house.gov.  To view the Dear Colleague letter from Congressmen Graves and Barrow to all Members of Congress inviting them to join the House GA Caucus click here http://download.aopa.org/advocacy/GA_Caucus_Dear_Colleague.pdf

After a 15 year legal battle, a great victory has been won for the preservation, restoration and flying of vintage aircraft in America.   

It started in 1997 when I wrote to the FAA’s New England Aircraft Certification Office (ACO) with a simple Freedom of Information Act (FOIA) request. It was for the drawings for the tail of my 1936 Fairchild F-45 aircraft. I did this for the purpose of restoring the recently purchased F-45 project, which had been delivered without a tail. Little did I know that this simple request would ultimately result it five court cases, including one in front of the United States Supreme Court.  

When I made the original request, the FAA’s New England ACO began to block it immediately (as is their habit for all FOIA requests for vintage aircraft drawings). Literally going through phone books they sought a company, any company it seemed, named “Fairchild” willing to claim ownership of the F-45’s Type Certificate (TC). Once they scrounged up a Fairchild that claimed to be the legitimate owner of the Type Certificate, the FAA asked the company attorney if the would approve the release of its ATC data file.  

It’s A 75 Year Old Secret – And We’re Not Sharing It  

Almost universally, the FAA has come to rely on a particular exemption in FOIA law to withhold ATC data from the inquiring public. It’s called “Exemption 4” (5 U.S.C. § 552(b)(4)) covering Trade Secrets. Possibly applicable in cases of modern technology, they have also been applying it to ancient ATC files, claiming they, too, contain “Trade Secrets”.   

In the case of the F-45, never mind that in 1955 the original Fairchild company had specifically authorized, in writing, the release of ATC data “for use in making repairs or replacement parts for aircraft produced by Fairchild.”  This release notwithstanding, the FAA’s cohort in the denial process (the Fairchild company dug up to claim ownership of the ATC) said they had decided to rescind the predecessor’s letter of forty years before. That was all the New England ACO needed to hear. They denied the release of the data and related drawings. They said these 60+ year old files contained Trade Secrets and the Fairchild company did not want them released. Never mind that, out of the seventeen built, the last F-45 was made in 1937 and the current company had no commercial interest in the aircraft.  

Off To The U.S. Supreme Court

  I continued to pursue my case through the U.S. District Court and then to the Tenth Circuit court. Both cases were denied, not on the basis of the facts, but on legal technicalities regarding questions we did not raise.  In 2002, Brent Taylor of the Antique Airplane Association requested the same drawings for the purpose of preservation. Without going into the lengthy details of his case, it went all the way to the United States Supreme Court, ironically not on the merits of the records request itself, but on the question of whether or not Brent was a “virtual representative” of me because, among other things, I am a Lifetime Member of the Antique Airplane Association!   

Remanded And Then The Order: Release The Drawings  

The Supreme Court had taken the case because they wanted to more clearly define what “virtual representation” consisted of. After making that clear, the Supreme Court remanded the case down to the lower court where the facts were finally vetted. The case has now finally been decided – in Summary Judgment no less – on its merits. [Summary Judgment essentially means the conclusions are so obvious that there is no reason to go to trial].  

The result was a huge victory of the preservation of, and access to, vintage aircraft type certificate data. The court told the FAA that:  

1. A written letter authorizing the release of type certificate data was in fact valid authorization for the release of type certificate data. 
2. The Fairchild corporation claiming to be the predecessor of the first could not, in any event, restore the materials to trade secret status.  

And Now For The Most Important Part:
Old Approved Type Certificate Drawings Are Not Trade Secrets! 

  For all of us, the Court’s third finding was the most critical and far reaching as it appears to have completely eradicated the FAA’s linchpin reason for not releasing vintage type certificate data: FOIA Exemption 4 – Trade Secrets.   

            3. The Court opinion reads exactly this: “Consequently, the court concludes that the F-45 type certification materials are not commercially valuable, and thus do not constitute trade secrets under Exemption 4.”  

Aviatrices and aviators, that’s huge! No longer can the FAA claim that ancient type certificate data are Trade Secrets.  This case has been won. Now we should finally be able get access to critical and historic information. That is, if the FAA does not destroy it first.  

Since the first Approved Type Certificate was issued in March of 1927, ATC data has chronicled, in great detail, the very development of civil aircraft in America. These historic files document the fabric of American innovation.  The need to preserve these detailed records transcends all other interests. But we need to act fast before the FAA destroys it. Trust me, they will. Our work to stop them – and save this critical part of our aviation history – has just begun. More on that subject later.            

Sincerely,

Greg Herrick

  PS:  You may read the Court’s Opinion by clicking on this Weblink: The Court's Opinion.
Attorney Mike Pangia chronicled the case in an article he wrote before this final verdict was handed down. You may read his article here: Attorney Mike Pangia's earlier article.               

Just a reminder that we support sharing information about aviation events with everyone -- and we need your assistance!

Some time ago I started a Web site called Fly-ins.com (see: www.Fly-ins.com) which is available free of charge to event organizers and attendees.  On the site, you can post any aviation event happening any time in the coming year.  Just go to www.Fly-ins.com and click on "Post An Event".

After we have a chance to review you posting we will make the event "live".  At that point anyone can find it with a search. In addition, people in the State where the event is being held will be receiving an e-mail notification of the event posting. A reminder of the event will also be sent a few days before it occurs.

Thousands of people use the site and have signed up for e-mail notifications. So, please take advantage of this opportunity to share your local airport's aviation activities with the public.  As a note, check first to be sure the event is not already posted because thousands are during the course of the year.

Post your local event(s) now and be sure to sign up for the e-mail notifications!

 

There are things that are simply nice to have in the cockpit and then there are things that can save your life. At some point, we all make a decision as to whether or not we believe the cost is worth the risk. In this case I am thinking specifically about electronic traffic avoidance equipment.  

When GPS first came out for GA aircraft it was very expensive and not that many people purchased it, at least not for VFR navigation. Now, as prices have declined significantly most pilots consider it an indispensible element for navigation. Sure we keep maps with us. In fact, I not only keep maps but plot my location on the map as I fly along with the GPS.  Traffic avoidance systems are following the same price/performance trajectory and we should all take note. It could save your life.  

This came to my attention again as I was reading copy of Plane & Pilot magazine and noticed an ad for a new AvMap traffic avoidance product. There was an image of a portable device and bullet points outlining impressive capabilities. However, when I went to their Web site, I could not find anything about it.  

I called the company and they said they ran the ad because of the upcoming LSA show in Sebring, Florida. They also said they had the device on display at the AOPA Expo. I am embarrassed to admit that I missed it. Unfortunately they have not officially announced it and could tell me little more – other than it will be affordable.  That’s what I really wanted to hear!  

These devices are great to have. Many of the new ones will interface with portable displays, showing traffic around you with varying degrees of distance and accuracy. I have flown with several of these units and consider them an important component of cockpit resource management. Don’t get me wrong; traffic avoidance devices supplement your personal eyeball vigilance for which there is no substitute. But they can save your life.   

I am so pleased to see more manufactures joining the market and I am happy that prices are coming down. Hopefully, like the GPS, traffic avoidance hardware will become as common in the cockpits of GA aircraft as GPS is now.  While most of us have few problems when we are flying, of all the things that can go wrong, a mid-air collision is seldom survivable.  

This year, take a good look at traffic avoidance options and see if they are yet in your risk/reward zone.

I just returned from Washington DC where I attended a planning session for GA groups who will be involved in the General Aviation Caucus for the new Congress.  We GA folks as a group must get as many legislators to join the General Aviation Caucus as possible.

This was, we all agreed, the first time some many GA groups had come together at one table.   The meeting was a testament to the importance those representing GA interests are placing on legislative issues.  I am glad to see it.

When we think of legislation we tend to think of laws being passed. However, we also need to remember that political influence can help us with non-legislative issues as well. In fact, non-legislative understanding of GA is just as important.  When elected representatives start to question the wisdom of specific rules or trends in rule making that are harmful to GA it is very helpful.

As a result we ALL need to contact our elected representatives and urge them to join the General Aviation Caucus;  the last Congress had more than one hundred members. The goal this year is to attract even more.   Members of Congress will naturally be interested if they are pilots or have GA industries in their home states.  However any legislator can join – YOU just need to suggest it to them.

So, what we all need to do is contact our representatives asking that they join the GA Caucus.   Even if they are not pilots being Caucus members will help educate the members about issues of concern to you and I as pilots.  In addition, there is simply strength in numbers – particularly when we talk about large groups of representatives.

You will be hearing more about efforts to get pilots and others interested in the wellbeing of GA to get their representatives to join.  YOU can do this today. Simply send a note to your Members of Congress, and ask them to join the General Aviation Caucus.  It’s a good thing for all of General Aviation – including you!  

I believe that aviation events, including fly-ins, Airshows and other aviation gatherings are extremely important to General Aviaiton.  They are enjoyable, educational and, perhaps most importantly, promotional for non-GA people.  

That’s why we promote gatherings of all sorts on AircraftOwner.com. As well, we have a sister site called www.Fly-ins.com which features the most comprehensive listing of aviation events on the Web.  Fly-ins.com is free to everyone for posting, tracking and promoting aviation events.  Each year literally thousands of gatherings can be found there.  

In addition, you can sign up to receive reminder e-mails for events of interest to you. This includes the ability to specify reminders by event type, such as fly-ins, as well as by the state they are being held in.  

When you sign up to receive these reminders you will receive two for each event: one when the event is first listed and another about five days before the event will be held. At any time you can go to the site and search for any event being held anywhere at any time.  

If your group or organization is holding an event, you can list if free of charge on the Web site. All you have to do is go to www.Fly-ins.com and select “Post an Event” then enter the information.  After it is reviewed (which can take a few days) it is posted live to the site. At that point anyone who has signed up for the e-mail alerts will also receive the first e-mail notification of your event.  

We urge everyone to post any General Aviation event they are promoting on the site. Please check to be sure the event is not already posted as sometimes someone else has already listed it.  

Using www.Fly-ins.com in 2011 will help you enjoy flying all the more and help promote GA fly-ins and shows to everyone.  Give it a try!

  

When the General Aviation Congressional Caucus was created in 2009 who would have thought it would grow to one of the largest caucus’ in the Congress?  Just a year later they now have more than 100 members.  Boy, does GA ever need them!  

This past month Rep. Vern Ehlers (R-Mich.) announced that with his retirement from the Congress he was handing the Republican co-chairmanship over to Sam Graves (R-Mo.). I have only met Rep. Ehlers a couple of times but I have had the great pleasure to know Sam Graves for several years.  

Sam is one of us. He is a concerned pilot, who flys among other things, a 650 Stearman, Citabria, Husky and he is restoring a WWII Beech AT-10.  In addition to being on the Caucus, Rep. Graves serves on the Subcommittee on Aviation (part of the Committee on Transportation and Infrastructure). He is also ranking member on the Small Business Committee and serves on the Agricultural committee. We are very fortunate to have a guy like Sam on GA’s side.  

This coming year will be very important to GA. I personally am very concerned about what I see as an insidious regulatory creep on the part of the FAA. I am not sure how calculated it is but there have been a number of regulations promulgated which will slowly and surely begin to restrict our General Aviaiton freedoms.  

These include the issues of local GA airport access for those living on or near airports which receive federal funding (through-the-fence). The FAA is trying to restrict access and dictate to local communities who, how and when their airports can be accessed by users. Then the FAA just recently put an NPRM out which would essentially revoke the mechanic’s license of those who, despite being current in testing and knowledge, do not meet the FAA’s idea of an appropriate activity level (see my last blog).  

Then there is the matter of the FAA forcing a periodic renewal of aircraft N-numbers. It seems innocent enough as a way to keep the data base clean, until you discover that it is not all that well thought out. This will ultimately preclude you from finding and returning to Certificated service that forgotten “airplane in a barn” or anywhere else for that matter. If the registration has not been constantly renewed, it is nothing more than a pile of parts.  

When I asked the FAA about the impact of an expired registration on the airworthiness of an aircraft it appears they had forgotten that minor detail. What happens if an aircraft slips out of the renewal window and the n-number put back in the pool and is reassigned? Airworthiness certificates have the n-number on them and the regulations require the registration be valid.  If an aircraft n-number has been reassigned because someone forgot to renew it, then the airworthiness would be invalid also.  

This is the kind of thing I’m talking about. And there are more examples. But suffice it to say, I am glad we have a GA Caucus. We are certainly going to need it.

The FAA is once again at it's rule making antics, this time targeting mechanics (while, of course, exempting their own).

I receive this notice from my good friend Brent Taylor along with e-mails from others sounding the alarm.  It turns out the FAA has snuck an NPRM (Notice of Proposed Rule Making) posting, which would severely restrict individuals who inspect our aircraft.  It appears to dramatically favor large (read: expensive corporate shops) and would raise everyone's costs.

Because this is so urgent, I am posting Brent's note (#1) below. Then below that is a more detailed posting from another good friend, Robert Lock. Then a posting from the Aircraft Electronics Associaiton.

Please them, then take action by posting your thoughts on the FAA NPRM Web site noted below in Brent's comments!

#1 FROM BRENT TAYLOR: