FAA Tells EAA To Pay Up or Else!

by Dave Weiman

The Federal Aviation Administration (FAA) required the Experimental Aircraft Association (EAA) to pay $447,000 in “user fees” to cover the expenses associated with air traffic control services at Wittman Regional Airport during EAA AirVenture, July 29 thru August 4, 2013 in Oshkosh, Wisconsin. The fee amounts to about $50.00 per aircraft for the 10,000-plus aircraft that fly in for the event. If EAA did not pay the fee, the FAA would have pulled the plug on the event by not issuing the necessary waivers for air operations.

“Let me be clear,” said EAA Chairman Jack Pelton. “We have consistently regarded the FAA’s move as holding AirVenture and GA hostage this year. There was considerable, detailed thought given over the past month to every option and possible scenario. Ultimately, AirVenture’s importance to the entire general aviation economy and community, as well as to EAA’s year-round programs, was the overriding factor in our response. AirVenture will go on, and our attendees deserve nothing less than the best air safety and services we can provide.”

The FAA’s demand for payment was first unexpectedly revealed by the agency in mid-May. This left EAA, exhibitors and others in a position where millions of dollars had already been committed to AirVenture 2013.

Along with the completed agreement, EAA included a letter stating that it signed the contract under protest.

“As far as we’re concerned, this isn’t over,” said Pelton. “We entered this agreement only because there was no other realistic choice to preserve aviation’s largest annual gathering. We also look forward to FAA’s leadership coming to Oshkosh this year to personally explain their policy to the nation’s aviators.”

At press time, the one-time agreement would allow AirVenture to have a full complement of 87 air traffic controllers and supervisors at the event for essential air safety services. Federal budget sequestration, however, was expected to diminish the FAA’s presence at the event this year in areas such as forums and exhibits.

EAA members and other aviation enthusiasts need to be involved to counter FAA’s stated policy of expanding these financial demands on aviation events in future years, Pelton added. EAA maintains that this equates to the imposition of GA “user fees” without Congressional approval. Twenty-eight (28) U.S. Senators signed a bipartisan letter calling the FAA move unacceptable and demanded an immediate reversal, but at press time, there was no reversal in sight.

On July 3, 2013, EAA filed a petition with the U.S. Court of Appeals for the Seventh Circuit in Chicago, asking the court to review and provide relief from the payments demanded by the FAA.

In its petition, EAA asked the court to stop the FAA from augmenting its congressionally approved appropriation through unilaterally imposed fees on aviation events such as AirVenture. EAA maintains the fees were imposed without standard notice and comment procedure from the FAA, making it procedurally improper and unlawful. EAA is also asking the court to reverse the FAA’s decision to seek these payments, and return the fees already paid and other costs incurred.

EAA also circulated an electronic petition among members and urged them to email letters to both houses to oppose the fees. At press time, more than 25,000 letters had already been sent, and more are expected.

“Our quarrel is not with the hard-working FAA employees who do their jobs at Oshkosh,” said Pelton, who has the confidence, trust and respect of members.

“We understand that AirVenture and other GA events are pawns in the larger sequestration political standoff, so it’s important that we stand together and let those in Congress and the White House know the importance of aviation. We will do that in Oshkosh and we look forward to having those who love the freedom of flight, stand with us.” Among those groups that are standing by EAA is the Aircraft Owners & Pilots Association (AOPA).

This additional user fee is above and beyond the user fee already being paid by pilots flying to Wittman Regional Airport. Pilots already pay a federal “excise tax” on the fuel they buy – before, during and following their flights to Oshkosh. While each pilot flying into Oshkosh during AirVenture will not directly be assessed the additional user fee being charged EAA, and EAA will not be adding surcharges to anything else during AirVenture 2013 to cover this cost, the additional expense could impact EAA programs in the future.

“If the court petition does not succeed, there will be less money for year-round EAA programs,” says EAA spokesman, Dick Knapinski. “That means tighter budgets in builder assistance, member information services, government advocacy, museum programming, and the like. The revenue from AirVenture gets plowed back into EAA programs and services. Less revenue means fewer resources for those programs.”

If we choose instead to fly to Des Moines, Iowa; Springfield, Illinois; Kalamazoo, Michigan; or Fargo, North Dakota the week of AirVenture and use ATC services in those cities, pilots will not be assessed an additional fee, and we believe that pilots should not be assessed an additional fee to fly to Oshkosh, Wisconsin during the week of AirVenture.

Rather than penalize pilots and EAA by charging an additional user fee, the FAA should be grateful for the opportunity to show off their “pink shirts” at the world’s largest fly-in and participate in forums to help inform and educate the GA community on issues of importance to all, like “NextGen.” The FAA could never pull off such a successful event of its own and be guaranteed a captive audience like it has at AirVenture and other events around the country, which are produced by private organizations. The FAA needs venues like EAA AirVenture, the AOPA Aviation Summit, and the annual conventions of the General Aviation Manufacturers Association (GAMA), National Business Aviation Association (NBAA), National Association of State Aviation Officials (NASAO) and National Air Transportation Association (NATA) for it to inform and educate the aviation community.

EDITOR’S NOTE: We welcome your comments on this and other topics at info@MidwestFlyer.com. Thank you!

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