AOPA Decries ‘Blanket Exclusion’ of Genav Operations

In response to the FAA’s prohibition of general aviation (GA) and nonscheduled commercial operations at 12 busy U.S. airports, Aircraft Owners and Pilots Association (AOPA) president and CEO Darren Pleasance warned that “access must remain fair and consistent for all users.” The U.S. is unique in that federally funded airports’ grant assurances prohibit airports from restricting access by any users, including airlines, business aviation, light aircraft, and air charter operations.

However, in a series of notams issued on Sunday evening, the FAA prohibited GA and air charter operations at 12 airports until December 31 “as a result of the operational cutbacks during the ongoing government shutdown,” according to AOPA. These 12 airports are included in the list of 40 airports affected by the FAA’s emergency order issued on November 6, reducing operations gradually until a reduction of 10% is achieved by this coming Friday.

In a webinar hosted yesterday evening by NBAA, Heidi Williams, v-p of air traffic services and infrastructure, and Kristie Greco Johnson, senior v-p of government affairs, pointed out that the FAA is probably not bound by grant assurances that apply to airports. Thus, they said, the agency would likely win any lawsuits resulting from the GA prohibitions.

Staffing triggers at air traffic control (ATC) facilities are resulting from the government shutdown and, according to Williams, “We are at unprecedented rates.” The past three to four weeks have had three of the top four highest days of staffing triggers, she said, and one day it reached more than 60 triggers, with more than 40 happening regularly. “This is unheard of. When we see triggers at facilities, we see a ripple effect through the [National Airspace System].”

“We are deeply sympathetic to the traveling public and the air traffic controllers who continue to work tirelessly under immense pressure without compensation,” said Pleasance. “But general aviation is an essential part of our nation’s transportation and economic fabric. This kind of blanket exclusion cannot become the norm.”

“It was certainly appropriate for the FAA to equitably reduce aircraft operations on all users of our nation’s public-use aviation system due to the government shutdown,” said Jim Coon, AOPA senior v-p of government affairs and advocacy. “However, the decision over the weekend to completely lock out all general and business aviation at a number of airports across the country is a disproportionate response. Any flight reductions should be based solely on ensuring safety and not for economic purposes.”

“Our National Airspace System has always thrived on fair and equitable access. Banning general aviation operations—even at a small number of airports—sets a horrible precedent. General aviation is just as critical to our nation’s infrastructure as commercial operations and should not be penalized in this way,” said Jim McClay, AOPA director of airspace, air traffic, and security.

According to NBAA’s Greco Johnson, the FAA order affecting 40 airports from November 7 didn’t just apply to airlines. “It’s a misperception that general aviation was not included in the original order,” she said.

The order required an initial 4% reduction in traffic at these airports, which ramped to 6% over the past weekend, culminating at 10% this Friday. NBAA’s team at the FAA Command Center monitored GA traffic in the NAS and on Friday saw a nearly 5% reduction, followed by another 4% on Saturday. “Our members are scaling back operations at those airports,” she observed.

Although the notam prohibitions do allow based aircraft to continue to operate at the 12 airports, there is no system in place to identify these aircraft. “The FAA doesn’t have a list,” Williams said, “and they don’t know if you’re based or not. But they are working on defining what is a based operation.”

The FAA has been allowing aircraft to depart the 12 airports if not based there, according to Williams. “The FAA has done fantastic work to…allow them to depart so they are not stranded.”

Operators should note that the notams include the words “unless otherwise authorized,” as well as a phone number for assistance, so operators may be able to seek an exception. Operators should first try to find an alternative airport but, if necessary, can explore obtaining an exception. “It doesn’t mean it will be granted,” she said.

There is a question about how international arrivals are being handled at the 12 proscribed airports, given that they need customs clearance that might not be available elsewhere. According to the National Air Transportation Association, “FAA also clarified that the order does not impact international Part 135 operations; operators of international flights should call the FAA Command Center number listed in the notam to request clearance well in advance. In addition, operators should continue to monitor airport conditions and adjust flight plans as able and needed.”

When the government shutdown ends, NBAA is advocating that normal operations resume and that the prohibition notams be canceled. “What we’ve heard from the DOT secretary and the FAA this afternoon,” Williams said, “is that every effort will be made to resume normal operations, but with the significant number of staffing triggers and delays, until controllers and federal workers are back at 100%, there may still be risk in the NAS. We’re likely to see a day or two or a few days lapse before the notams are canceled.”

Meanwhile, at least for the rest of this week, she said, “I think we’re in for more of what we’re seeing. Staffing is at critical levels. We’re seeing barely double-digit arrival rates. We don’t foresee the NAS and delays easing up in the near term. Staffing levels are critical.”

Adding to the problem is that before the shutdown, controller retirement rates were “somewhat alarming,” Williams said. “The rates have increased since the shutdown.” It takes one to two years to get a new controller certified, and this causes a ripple effect throughout the NAS, she explained.

For now, Williams added, “NBAA is laser-focused on getting back to normal operations where GA and business aviation [are] not prohibited. We’re going to continue to advocate to get back to business. We recognize there is a disproportionate impact. Restriction and prohibition are not one and the same. We’re taking a disproportionate part of the impact. We continue to share that with the FAA.”

One frustrated operator of a large business aviation fleet expressed his anger at the prohibitions: “It’s third-world BS and an embarrassment on the global stage. We should be ashamed. A totally political move that puts lives and livelihoods at risk.”