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Category Archives: Aviation Law

Federal Register: Extension of Effective Date for the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations Final Rule

The FAA published Extension of Effective Date for the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations Final Rule (PDF) in the Federal Register (78 Fed. Reg. 22009-22012):

SUMMARY: The FAA is delaying the effective date of the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations final rule published on February 21, 2014. In that rule, the FAA amended its regulations to revise the helicopter air ambulance, commercial helicopter, and general aviation helicopter operating requirements. The April 22, 2014 effective date does not provide an adequate amount of time for the affected certificate holders to implement the new requirements. By extending the effective date to April 22, 2015, the affected certificate holders will have sufficient time to implement the new requirements. This action will only affect the effective date of the provisions of the rule scheduled to take effect April 22, 2014. Other provisions in the rule with specified compliance dates will not be affected.

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European Parliament decision of 3 April 2014 on discharge in respect of the implementation of the budget of the European Aviation Safety Agency for the financial year 2012 (C7-0297/2013 – 2013/2219(DEC))

Source – European Parliament:

1.European Parliament decision of 3 April 2014 on discharge in respect of the implementation of the budget of the European Aviation Safety Agency for the financial year 2012 (C7-0297/2013 – 2013/2219(DEC))

The European Parliament ,

– having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2012,

– having regard to the Court of Auditors’ report on the annual accounts of the European Aviation Safety Agency for the financial year 2012, together with the Agency’s replies(1) ,

– having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

– having regard to Article 319 of the Treaty on the Functioning of the European Union,

– having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(2) , and in particular Article 185 thereof,

– having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(3) , and in particular Article 208 thereof,

– having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council(4) establishing a European Aviation Safety Agency, and in particular Article 60 thereof,

– having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(5) ,

– having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(6) , and in particular Article 108 thereof,

– having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

– having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0221/2014),

1. Grants the Executive Director of the European Aviation Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2012;

2. Sets out its observations in the resolution below;

3. Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Aviation Safety Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

(1) OJ C 365, 13.12.2013, p. 66.
(2) OJ L 248, 16.9.2002, p. 1.
(3) OJ L 298, 26.10.2012, p. 1.
(4) OJ L 79, 19.3.2008, p. 1.
(5) OJ L 357, 31.12.2002, p. 72.
(6) OJ L 328, 7.12.2013, p. 42.

2.European Parliament decision of 3 April 2014 on the closure of the accounts of the European Aviation Safety Agency for the financial year 2012 (C7-0297/2013 – 2013/2219(DEC))

The European Parliament ,

– having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2012,

– having regard to the Court of Auditors’ report on the annual accounts of the European Aviation Safety Agency for the financial year 2012, together with the Agency’s replies(1) ,

– having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

– having regard to Article 319 of the Treaty on the Functioning of the European Union,

– having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(2) , and in particular Article 185 thereof,

– having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(3) , and in particular Article 208 thereof,

– having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council(4) establishing a European Aviation Safety Agency, and in particular Article 60 thereof,

– having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(5) ,

– having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(6) , and in particular Article 108 thereof,

– having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

– having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0221/2014),

1. Approves the closure of the accounts of the European Aviation Safety Agency for the financial year 2012;

2. Instructs its President to forward this Decision to the Executive Director of the European Aviation Safety Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

(1) OJ C 365, 13.12.2013, p. 66.
(2) OJ L 248, 16.9.2002, p. 1.
(3) OJ L 298, 26.10.2012, p. 1.
(4) OJ L 79, 19.3.2008, p. 1.
(5) OJ L 357, 31.12.2002, p. 72.
(6) OJ L 328, 7.12.2013, p. 42.

3.European Parliament resolution of 3 April 2014 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Aviation Safety Agency for the financial year 2012 (C7-0297/2013 – 2013/2219(DEC))

The European Parliament ,

– having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2012,

– having regard to the Court of Auditors’ report on the annual accounts of the European Aviation Safety Agency for the financial year 2012, together with the Agency’s replies(1) ,

– having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

– having regard to Article 319 of the Treaty on the Functioning of the European Union,

– having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(2) , and in particular Article 185 thereof,

– having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(3) , and in particular Article 208 thereof,

– having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council(4) establishing a European Aviation Safety Agency, and in particular Article 60 thereof,

– having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(5) ,

– having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(6) , and in particular Article 108 thereof,

– having regard to its previous discharge decisions and resolutions,

– having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

– having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0221/2014),

A. whereas according to its financial statements, the final budget of the European Aviation Safety Agency (‘the Agency’) for the financial year 2012 was EUR 158 848 191, representing an increase of 7 % compared to 2011,

B. whereas the overall contribution of the Union to the Agency’s budget for 2012 amounted to EUR 38 651 354,83, representing an increase of 6,95 % compared to 2011,

C. whereas the Court of Auditors has stated that it has obtained reasonable assurances that the Agency’s annual accounts for the financial year 2012 are reliable and that the underlying transactions are legal and regular,

1. Highlights the Agency’s vital role in ensuring the highest possible level of aviation safety throughout Europe; notes, furthermore, that the current review of the Single European Sky legislation could lead to greater powers being accorded to the Agency; stresses that, should this be the case, the Agency will need to be given the financial, material and human resources it needs to perform its tasks successfully;

Follow-up of 2011 discharge

2. Notes from the Court of Auditors’ report on the annual accounts that regarding the five comments made in 2011, two corrective actions taken in response to the previous year’s comments are marked as ‘ongoing’ and three as ‘completed’;

3. Acknowledges from the Agency that:
– the level of Title III carry-overs, excluding fees and charges, was considerably reduced in 2012 to EUR 6 200 000 (46 %),
– work instructions for both fixed assets management and inventory management have been adopted and a full inventory was carried out in 2012, which resulted in the disposal of a number of fully depreciated assets,
– in order not to hold cash funds in only one bank, a negotiated tender for opening bank accounts was launched in 2013, based on strict criteria as regards the credit rating of the prospective banks; notes that the selected bank has an excellent credit rating and once a contract is signed, the Agency’s cash funds will be transferred to this bank depending on the balance between credit risk and interest rate,
– measures and controls have been put in place to allow for the recruitment of the necessary experts from the industry, at the same time avoiding potential conflicts of interest situations; observes, moreover, that the conflicts of interest training is finalised and that regular training is put in place for newcomers;
Budget and financial management

4. Notes that the overall level of appropriations committed was 95 %, varying between 96 % for title I (staff expenditure), 95 % for title II (administrative expenditure) and 89 % for title III (operational expenditure);

5. Notes with concern that carry-overs of committed appropriations were high for title III at 46 %; stresses that, although this is partly justified by the multiannual nature of the Agency’s operations and by the duly justified carry-overs included in the Court of Auditors’ sample, nevertheless such a high level is at odds with the budgetary principle of annuality;

Transfers

6. Notes with satisfaction that according to the annual activity report as well as the Court of Auditors’ audit findings, the level and nature of transfers in 2012 have remained within the limits of the financial rules; commends the Agency for its good budgetary planning;

Procurement and recruitment procedures

7. Notes with concern that in one of the audited recruitment procedures, the selected candidate did not meet the requirements of the Staff Regulations of Officials of the European Communities as regards university degrees or equivalent professional training; calls on the Agency to provide an explanation as to how it could have happened;

Prevention and management of conflicts of interests and transparency

8. Welcomes the Agency’s adoption of the ‘cooling off period’ of non-assignment for a year, so that anyone new to the organisation is not allocated work on files they had directly worked on in the previous five years;

9. Notes that following the recommendation of the discharge authority, the Agency will include information and statistics on the management of conflicts of interests in its 2013 annual activity report;

10. Notes that the Agency is currently assessing the declarations of interests of managers and of person holding sensitive functions; regrets, however, that the CVs and declarations of interests of Management Board members and observers, as well as the declarations of interests of the Executive Director, are still not publicly available on the Agency’s website; calls on the Agency to remedy the situation as a matter of urgency;

11. Regrets the lack of information available on the Agency’s website regarding the members of the Board of Appeal; believes that the names, CVs and declarations of interests of those members should be made public; therefore, calls on the Agency to remedy the situation as a matter of urgency;

Internal controls

12. Notes with concern that while the Agency established a standard procedure for ex ante verifications, the related checklists were not completed and documentation justifying the validation of expenditure was not always available; calls on the Agency to take steps to rectify this and to report on its actions within the framework of the 2012 discharge follow-up;

13. Regrets the fact that although a methodology for ex post verifications was approved in 2009 and that the Agency made further developments in its implementation, room for improvement still exists in some areas, namely that there is still no annual planning of verifications, that the sample of transactions to be checked is not risk-based and that the methodology does not cover public procurement procedures; calls on the Agency to further improve its performance in this regard and to report on the progress made within the framework of the 2012 discharge follow-up;

Internal audit

14. Acknowledges from the Agency that in 2012, the Commission’s Internal Audit Service (IAS) performed a limited review of IT projects management, which led to two very important recommendations; notes that the IAS also carried out an assessment of the progress made by the Agency in implementing its recommendations resulting from its earlier audits (2006-2011); observes that the IAS confirmed that the Agency has adequately implemented 22 out of 23 recommendations, while the remaining one was reported by the Agency as implemented and waiting for final assessment by IAS;

Performance

15. Requests that the Agency communicate the results and impact its work has on European citizens in an accessible way, mainly through its website;

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16. Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 3 April 2014(7) on the performance, financial management and control of the agencies.

(1) OJ C 365, 13.12.2013, p. 66.
(2) OJ L 248, 16.9.2002, p. 1.
(3) OJ L 298, 26.10.2012, p. 1.
(4) OJ L 79, 19.3.2008, p. 1.
(5) OJ L 357, 31.12.2002, p. 72.
(6) OJ L 328, 7.12.2013, p. 42.
(7) Texts adopted, P7_TA-PROV(2014)0299.

B-409327.3, Evergreen Helicopters of Alaska, Inc., April 14, 2014

Source – GAO:

B-409327.3, Evergreen Helicopters of Alaska, Inc., April 14, 2014

http://www.gao.gov/products/B-409327.3

Evergreen Helicopters of Alaska, Inc. (EHA), of McMinnville, Oregon, challenges the terms of an evaluation notice (EN) issued by the U.S. Transportation Command (USTRANSCOM) under request for proposals (RFP) No. HTC711-13-R-R016 for the acquisition of fixed-wing aircraft services in the central region of Africa. The EN, issued as part of agency corrective action, requires offerors to submit performance data charts for proposed aircraft, but otherwise prohibits revision of proposals. EHA argues that the EN constitutes an amendment to the solicitation and, as a result, EHA should be permitted to revise any aspect of its proposal, including its price proposal.

We deny the protest.

EU-US Summit: Joint Statement

Source – The White House:

The White House
Office of the Press Secretary

For Immediate Release March 26, 2014
EU-US Summit: Joint Statement

We, the leaders of the European Union and the United States, met today in Brussels to reaffirm our strong partnership. We reaffirmed our shared values of democracy, individual freedom, the rule of law and human rights, and a common commitment to open societies and economies. Starting from those values, the European Union and the United States work together every day to address issues of vital interest and importance to our citizens and the world. We strive to create jobs and sustainable growth through sound economic policies. We seek a landmark Transatlantic Trade and Investment Partnership to build our common prosperity. We undertake joint efforts to build security and stability around the globe and to tackle pressing global challenges like climate change. Today, we took stock of our achievements, set priorities and charted the way ahead for a stronger transatlantic relationship, and rededicated ourselves to building a safer, more prosperous world for future generations. . . .

. . . We commit to expand cooperation in research, innovation and new emerging technologies, and protection of intellectual property rights as strong drivers for increased trade and future economic growth. Our collaboration in the space domain also contributes to growth and global security, including on an International Code of Conduct for Outer Space Activities. We will combine wherever possible our efforts as we did in the Transatlantic Ocean Research Alliance and through the GPS/Galileo agreement. The Transatlantic Economic Council will continue its work to improve cooperation in emerging sectors, specifically e-mobility, e-health and new activities under the Innovation Action Partnership. . . .

. . . The transatlantic digital economy is integral to our economic growth, trade and innovation. Cross border data flows are critical to our economic vitality, and to our law enforcement and counterterrorism efforts. We affirm the need to promote data protection, privacy and free speech in the digital era while ensuring the security of our citizens. This is essential for trust in the online environment.

We have made considerable progress on a wide range of transnational security issues. We cooperate against terrorism in accordance with respect for human rights. Agreements such as the Passenger Name Record and Terrorist Finance Tracking Programme that prevent terrorism while respecting privacy are critical tools in our transatlantic cooperation. We will strengthen our coordination efforts to prevent and counter violent extremism. We will continue looking for appropriate mechanisms to counter the threats posed by fighters departing to Syria and other unstable regions, who return home where they may recruit new fighters, plan and conduct terrorist operations. We also work to address the threats posed by activities of groups contributing to instability in these regions. We welcome our increasingly close cooperation in building the capacity of partner countries to counter terrorism and violent extremism within a framework of rule of law, particularly in the Sahel, Maghreb, Horn of Africa region and Pakistan. We pledge to deepen and broaden this cooperation through the United Nations, the Global Counterterrorism Forum, and other relevant channels. We have also decided to expedite and enhance cooperation on threats directly affecting the security of EU and US diplomatic staff and facilities abroad.

Data protection and privacy are to remain an important part of our dialogue. We recall the steps already taken, including the EU-U.S. ad hoc Working Group, and take note of the European Commission Communication of 27 November 2013 and President Obama’s speech and Policy Directive of 17 January 2014. We will take further steps in this regard. We are committed to expedite negotiations of a meaningful and comprehensive data protection umbrella agreement for data exchanges in the field of police and judicial cooperation in criminal matters, including terrorism. We reaffirm our commitment in these negotiations to work to resolve the remaining issues, including judicial redress. By ensuring a high level of protection of personal data for citizens on both sides of the Atlantic, this agreement will facilitate transfers of data in this area. The United States and the EU will also boost effectiveness of the Mutual Legal Assistance Agreement – a key channel of cooperation in the digital era. In addition, we are committed to strengthening the Safe Harbour Framework in a comprehensive manner by summer 2014, to ensure data protection and enable trade through increased transparency, effective enforcement and legal certainty when data is transferred for commercial purposes.

The Internet has become a key global infrastructure. We share a commitment to a universal, open, secure, and reliable Internet, based on an inclusive, effective, and transparent multi-stakeholder model of governance. As such, we reaffirm that human rights apply equally online and offline, and we endeavour to strengthen and improve this model while working towards the further globalisation of core Internet institutions with the full involvement of all stakeholders. We look forward to the transition of key Internet domain name functions to the global multi-stakeholder community based on an acceptable proposal that has the community’s broad support. We acknowledge the good expert-level cooperation developed in the framework of the EU-US Working Group on Cyber Security and Cybercrime. We commend the political success of our joint initiative to launch a Global Alliance against Child Sexual Abuse Online, as the EU prepares to hand over the lead to the United States, and we decide to tackle jointly the issue of transnational child sex offenders. We reiterate our support for the Budapest Convention on cybercrime, and encourage its ratification and implementation. Building on all these achievements and guided by shared values, we have today decided to launch a comprehensive EU-US cyber dialogue to strengthen and further our cooperation including on various cyber-related foreign policy issues. . . .

ITU to work on standards for future Flight Data Recorders

Source – ITU:

ITU to work on standards for future Flight Data Recorders
Big data, cloud computing to be used to relay ‘black box’ data in real time,
ITU urged to take up challenge
Dubai, 1 April, 2014 – The Malaysian Minister for Communications and Multimedia called upon ITU to develop leading edge standards to facilitate the transmission of flight data in real time. He was speaking at the opening of the ITU World Telecommunication Development Conference taking place in Dubai.
This follows the tragic disappearance of Malaysian Airlines Flight MH370 on 8 March while on a routine flight from Kuala Lumpur to Beijing. A number of countries have joined the search for the missing aircraft and its 239 passengers and crew, currently deploying search aircraft and vessels to scour vast tracts of the southern Indian Ocean.
“I believe that data from aircraft, including from the black box could be continuously transmitted and stored in data centres on the ground,” said Ahmad Shabery Cheek, Malaysian Minister for Communications and Multimedia. “I urge ITU to work with industry to develop a better way to constantly monitor flight data and what is happening in the cockpit. With the advancements in ICT today, we should be able to retrieve and analyse this data without necessarily locating the black box. I believe that this simple change may have brought a different outcome today. In this context, I cannot help but note that whilst communications technologies have evolved drastically in the past five years, the story of the black box remains unchanged from 30 years ago.”
“I would like to express my heartfelt sympathy and concern for the uncertainty surrounding the fate of so many people on board MH370,” said ITU Secretary-General Hamadoun I. Touré. “We must ensure that aircraft can be tracked in real time so that such an unprecedented and tragic incident does not occur again. ITU is committed to work on the standards that will take advantage of big data and state-of-the-art cloud computing.”
All commercial airlines and corporate aircraft are required to install and use ‘black boxes’ to track a number of flight parameters. The flight data recorder (FDR) is designed to record the operating data from an aircraft’s systems, including pressure altitude, airspeed, vertical acceleration, magnetic heading and position of control systems. Cockpit Voice Recorders, or CVRs, record what the crew say and monitor any sounds that occur within the cockpit. These monitoring equipment provide investigators with vital clues about the cause of an accident.
“ITU will invite avionics and aircraft manufacturers along with satellite operators and airlines to work on new standards to track aircraft in real time,” said Malcolm Johnson, Director of ITU’s Standardization Bureau. “We share the anxiety expressed by Minister Ahmad Shabery Cheek and will take steps to urgently address this situation.”
“Inmarsat would be happy to work with ITU to develop a global solution to the challenge of tracking commercial aircraft,” said Chris McLaughlin, Senior Vice President External Affairs of Inmarsat, the British satellite telecommunications company which helped provide clues to the possible track flown by the missing Boeing 777-200. “We recognize that this will require developing expertise in the interest of passengers and operators to further increase safety in the air.” Inmarsat was awarded ITU’s Humanitarian Award in 2012.
Media-relevant videos can be accessed at the WTDC-14 Newsroom: http://youtu.be/itrFWXK4Np0; http://bit.ly/1mojk3Z
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H.R. 4295: Protecting Airline Passengers from Sexual Assaults Act of 2014

H.R. 4295: Protecting Airline Passengers from Sexual Assaults Act of 2014 was introduced on March 25, 2014 by Eleanor Norton (Del. D.C.):

H.R.4295 — Protecting Airline Passengers from Sexual Assaults Act of 2014 (Introduced in House – IH)

HR 4295 IH

113th CONGRESS
2d Session

H. R. 4295
To direct the Administrator of the Federal Aviation Administration to collect and maintain data on the number of sexual assaults that occur on aircraft during flights in passenger air transportation, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
March 25, 2014

Ms. NORTON introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To direct the Administrator of the Federal Aviation Administration to collect and maintain data on the number of sexual assaults that occur on aircraft during flights in passenger air transportation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the `Protecting Airline Passengers from Sexual Assaults Act of 2014′.
SEC. 2. SEXUAL ASSAULT DATA.

(a) In General- Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a program to collect and maintain data on the number of sexual assaults that occur on aircraft during flights in passenger air transportation.
(b) Data Availability- The Administrator shall make available to the public on the primary Internet Web site of the Federal Aviation Administration the data maintained under subsection (a).
(c) Definitions- In this section, the following definitions apply:
(1) AIR TRANSPORTATION- The term `air transportation’ has the meaning given that term in section 40102(a)(5) of title 49, United States Code, and includes intrastate air transportation.
(2) AIRCRAFT- The term `aircraft’ has the meaning given that term in section 40102(a)(6) of title 49, United States Code.
(3) INTRASTATE AIR TRANSPORTATION- The term `intrastate air transportation’ has the meaning given that term in section 40102(a)(27) of title 49, United States Code.

Alumni Paper: Environmental Overreach: The EU’s Carbon Tax on International Aviation

Ole Miss Law Alum (J.D., cum laude, Certificate in Remote Sensing, Air, and Space Law 2010) has published a new paper titled Environmental Overreach: The EU’s Carbon Tax on International Aviation in the Washington and Lee Journal of Energy, Climate, and the Environment. He currently serves as Managing Director, Taxes in the Legislative and Regulatory Policy Department of Airlines for America. Congrats, Surya!

European Parliament legislative resolution of 12 March 2014 on the proposal for a regulation of the European Parliament and of the Council on the implementation of the Single European Sky (recast) (COM(2013)0410 – C7-0171/2013 – 2013/0186(COD)) (Ordinary legislative procedure – recast)

Source – EU Parliament:

European Parliament legislative resolution of 12 March 2014 on the proposal for a regulation of the European Parliament and of the Council on the implementation of the Single European Sky (recast) (COM(2013)0410 – C7-0171/2013 – 2013/0186(COD)) (Ordinary legislative procedure – recast)
The European Parliament ,

– having regard to the Commission proposal to Parliament and the Council (COM(2013)0410),

– having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0171/2013),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Maltese House of Representatives, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the European Economic and Social Committee of 11 December 2013(1) ,

– after consulting the Committee of the Regions,

– having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(2) ,

– having regard to the letter of 28 November 2013 from the Committee on Legal Affairs to the Committee on Transport and Tourism in accordance with Rule 87(3) of its Rules of Procedure,

– having regard to Rules 87 and 55 of its Rules of Procedure,

– having regard to the report of the Committee on Transport and Tourism (A7-0095/2014),

A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

1. Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

H.R. 4230: To limit the retirement of KC-10 aircraft

H.R. 4230: To limit the retirement of KC-10 aircraft was introduced on March 13, 2014 by Rep. Jon Runyan (R-NJ3):

H.R.4230 — To limit the retirement of KC-10 aircraft. (Introduced in House – IH)

HR 4230 IH

113th CONGRESS
2d Session

H. R. 4230
To limit the retirement of KC-10 aircraft.

IN THE HOUSE OF REPRESENTATIVES
March 13, 2014

Mr. RUNYAN (for himself and Mr. GARAMENDI) introduced the following bill; which was referred to the Committee on Armed Services

A BILL
To limit the retirement of KC-10 aircraft.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. LIMITATION ON RETIREMENT OF KC-10 AIRCRAFT.

(a) Limitation- None of the funds authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended to retire, prepare to retire, or place in storage any KC-10 aircraft until each of the following occurs:
(1) The Secretary of the Air Force certifies to the congressional defense committees each of the following:
(A) The four KC-46A test aircraft are all built and fully operational including their air refueling capability.
(B) The initial 18 KC-46A aircraft have been delivered to the Air Force in a fully operational capacity by 2017.
(C) The KC-46A aircraft has achieved full operational capability.
(D) A sufficient number of KC-46A aircraft exists in the inventory of the Air Force to fully meet the air refueling and cargo support capability and mission requirements of the combatant commands.
(2) The Comptroller General of the United States submits to the congressional defense committees a report setting forth the following:
(A) An assessment whether each certification under paragraph (1) is comprehensive, fully supported, and sufficiently detailed.
(B) An identification of any shortcomings, limitations, or other reportable matters that affect the quality or findings of any certification under paragraph (1).
(b) Deadline for Submission of Comptroller General Report- The report of the Comptroller General under paragraph (2) of subsection (a) shall be submitted not later than 90 days after the date of the submission of the certification referred to in paragraph (1) of such subsection.
(c) Congressional Defense Committees Defined- In this section, the term `congressional defense committees’ has the meaning given that term in section 101(a)(16) of title 10, United States Code.