Month: July 2013

FAA Chief Counsel opinion on Part 135 “Exclusive Aircraft” Rule May Affect Part 135 Aircraft Leases

Under 135.25(b) a Part 135 operator must have sole use and possession of at least one aircraft. The opinion, which sounds like it came up in the context of a (proposed or actual) wet lease arrangement between an LLC lessor

Residential “Through-the-Fence” Operations to Commercial Airports

The FAA has issued a final policy statement, Policy Regarding Access to Airports From Residential Property, dealing with residential access to commercial service airports. So-called “through the fence” operations from residential properties to general aviation airports is specifically authorized by

FAA Publishes Final Rule Requiring ATPs for First Officers on Airline Flights

On July 10, 2013, in advance of formal publication in the Federal Register, the FAA released its Final Rule amending portions of Parts 61 and 121 of the Federal Aviation Regulations. The Final Rule, which generally requires compliance by August

NTSB Reverses FAA Emergency Revocation

On June 14, 2013, the NTSB took the unusual step of reversing an FAA emergency order revoking a pilot’s certificates for falsifying (electronic) logbook entries. In addition to valuable information about the elements of a §61.59(a)(2) violation, the decision is

11th Circuit – Prepetition bad faith is grounds for Chapter 7 Dismissal

The 11th Circuit Court of Appeals held last week in a case of first impression that, “based on the ordinary meaning of the statutory language and relevant principles of statutory construction, the power to dismiss ‘for cause’ in § 707(a)