FSNews-Masthd
APRIL 11, 2014
FSANA NEWS
 
Newest FSANA "Partner" 

 

FSANA is pleased to announce and welcome
Thomas Edison State College (TESC) as its latest supporting partner. Thomas Edison is a national leader in the assessment of adult learning and provides their students with the opportunity to earn credit by demonstrating that they possess college level knowledge through several methods. TESC and FSANA are entering into a relationship intending to help flight schools gain access to the programs offered by TESC.


TESC students can earn college-level credits based on knowledge that they acquired outside the classroom. Methods include: 

  • TESC exam program
  • Portfolio assessment
  • Professional licenses and certifications
  • Professional and military training 

More information is forthcoming on this exciting and dynamic educational delivery model which will help evolve the way people learn and acquire knowledge. 
Phoenix Aviation ad
BUSINESS TIPS  
 
Link your social media accounts to save time and increase visibility 

 

Social media is a key part of any business these days, but it takes time
to get your message out and it can be hard to manage multiple social media networks. Fortunately, many of the social media networks can be linked.

 

If you do this right, you can set it up so when you "tweet" it will automatically post your content to your Facebook and LinkedIn accounts.

 

By doing this, you cut the amount of time it takes you to put content up for your customers to view and increases the number of customers you will reach by expanding to multiple networks.

 

Here are a couple articles that can help you learn more about how do to this:

 

How to Tie Your Social Media Accounts Together 

 

6 Tips On How to Integrate Your Social Media Strategy
GROWING THE PILOT POPULATION
 
Florida-based Airman Foundation launches  
drive to increase pilot population in America

With a mission of "training for the future of American aviation," Palm Beach County residents and long-time aviators Danny Joyner and Debbie Sparks have begun a scholarship fund to create opportunities to learn to fly for individuals passionate about the industry. The new organization is known as The Airman Foundation (AF) and is based in Lantana, Florida.

As most of us know, according to the FAA and prominent aerospace industry leaders, the pilot population in America has diminished greatly over the last 30 years. Factors such as soaring education costs, lack of financial resources and new regulatory minimums are driving potential aviators into alternative areas of study.


In answer to the pilot shortage, The Airman Foundation awards aviation training scholarships made possible by the generosity of training alliance partners, corporate donors, foundation members, mentors and volunteers.


"This is a national, grass-roots effort to get kids to the airports, get them flying and empowering them to pursue careers in aviation and aerospace," said founder Danny Joyner.


In an effort to offer well-rounded, robust programs to scholarship recipients, AF has enlisted a network of aviation training providers to include flight, maintenance, avionics and airport management. AF is also developing a mentoring segment, embracing those that have so much to offer of their time and expertise gained through working in the aviation industry.


The Legacy Partners Program is another method of scholarship funding. Aviation assets or estates are often a financial burden to those who have inherited them, and The Airman Foundation has a solution to this dilemma. Donated aircraft can be used in the AF fleet for training, or sold to support scholarships honoring the donor's legacy by name. After consulting with a tax advisor, the donor could possibly realize a tax advantage for donating the asset. The Airman Foundation is a 501 (c)(3) nonprofit organization.


Founder Danny Joyner hopes that the AF will have an impact on the aviation community saying, "Our goal is that together, we will create opportunity for the next generation of aviators in America."

Contact the Airman Foundation today at 1-855-424-7636 or go to airmanfoundation.org for more information on how you can become involved, so all may know the joy of flight.

 
LEGAL MATTERS 
 
FAA ordered to pay attorney fees and expenses
for CFI who had certificate revoked by FAA

 

Provided to FSANA by Gregory S. Winton of The Aviation Law Firm (www.aviationlawexperts.com)

An Administrative Law Judge of the National Transportation Safety Board ordered the Federal Aviation Administration to pay a Certified Flight Instructor (CFI) $30,835.40 for attorney fees and expenses, pursuant to the Equal Access to Justice Act (EAJA). The EAJA provides for an award of attorney fees and other expenses to eligible individuals and entities who are a party to proceedings before the NTSB. See 5 U.S.C. � 504. An eligible party may receive an award when it prevails over the FAA, unless the Government's position in the proceeding was substantially justified or special circumstances make an award unjust. See 49 C.F.R. � 826.1

The case, Administrator v. Anderson, NTSB Docket No. SE-19418, was based upon an investigation initiated on July 6, 2012, and performed by an FAA Aviation Safety Inspector. The Inspector's investigation determined that the CFI had provided endorsements in a student's pilot logbook and Airmen Certificate Application for the CFI practical test, and that the endorsements were made after the CFI reviewed the student's pilot training records from a Part 141 CFI Certification Couse, personally provided ground instruction to the student, and discussed the student's practical skills with another CFI who had provided flight instruction to the student.

Based upon the Inspector's investigation, the FAA issued an Emergency Order of Revocation of the CFI's certificates, alleging that the CFI intentionally falsified the endorsements in the student's pilot logbook and Airmen Certificate Application, in
violation of FAR Sections 61.59(a)(1) and 61.59(a)(2). Without any basis in fact or
law, the Administrator contended that the CFI was required to personally provide all
of the required flight and ground instruction to the student prior to making the endorsements at issue. In fact, the CFI acted in accordance with NTSB precedent by making the endorsements after providing ground instruction and determining that the student met the requirements of the regulations based upon a review of reliable flight
and ground training records contained in the student's pilot logbook.
See Administrator v. Carey, NTSB Order EA-4912 at 7 (2001).

The CFI appealed the Emergency Order to the NTSB on January 25, 2013. The FAA
formally filed the Complaint on January 28, 2013. Over the next three days, the CFI, through counsel, filed two motions to dismiss the Complaint and requested to take the deposition of the FAA Inspector. Rather than respond to the motions or allow the deposition of the Inspector to take place, the FAA withdrew its Complaint on
February 1, 2013. The NTSB Law Judge then terminated the proceeding with
prejudice, making the CFI the prevailing party and eligible for an EAJA award.

On February 6, 2013, the CFI, through counsel, filed an application for attorney fees
and expenses pursuant to the EAJA. The NTSB Law Judge presided over the proceeding
to determine whether the FAA had a reasonable basis in law and fact to allege that the CFI was required to personally provide the student with all of the required training before providing the endorsements.

To demonstrate to the Law Judge that the FAA had no basis in fact or law, the deposition of the FAA Inspector was taken by counsel for the CFI, and his testimony submitted to the Law Judge as part of a motion for summary judgment, requesting that the award be granted.

On February 6, 2014, the Law Judge granted the motion, and held that the FAA lacked substantial justification (i.e, did not have a reasonable basis in law and fact). The Law Judge found the following:

[The FAA Inspector] was asked if the endorsing CFI, here the Applicant, must rely upon training records of the [student] to understand and determine the level of training received prior to obtaining the endorsement. [The Inspector] responded,
"My feeling would be that the recommending instructor would need to provide a minimum amount of instruction in order to determine that his student is ready to
pass the test."
 
When asked to show the regulation that says that, [the Inspector] responded,
"there is not a regulation that says that." Clearly, the statement in [the Complaint] would not support a finding of intentional falsification because there is not a regulation that requires a person signing the application to have personally given the training. At several other times in this deposition [the Inspector] was asked why he didn't do further investigation to determine the amount of training given, and each time [the Inspector] stated that he didn't think it was relevant. 
 
The deposition testimony of [the Inspector] shows that this investigation turned on his belief about what was required, as opposed to what the regulations required.
To proceed with an enforcement action against an Airman requires specific regulator justification, not what an Inspector believes is the regulation, and that is even more critical when the Administrator issues an Emergency Order.

The Administrator was not substantially justified in the issuance of this Emergency Order of Revocation.

Accordingly, the Law Judge awarded $30,835.40 in attorney fees and expenses to the CFI.
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UPCOMING EVENTS
2014 Flight Training
Advocacy Day in Washington, D.C.
More information to be announced.
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U.S. Senate Aviation Subcommittee 

 

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US House Committee on Education and the Workforce 

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FSANA Partners

 
The above companies are annual supporters of the FSANA mission and work of the association and its members.
    
Established in 2009, the Flight School Association of North America (FSANA) is the first and only association of its kind dedicated solely to the flight training industry. FSANA represents flight schools, firms that provide products and services to the flight training or aviation industry, and other supporting partners.

FSANA MISSION: The Mission of the Flight School Association is to work in alliance with the aviation and aerospace industry; to serve and foster the flight training industry; to provide programs and services that will enhance the ability of flight schools to serve their customers and communities; and to promote best business practices which will help flight schools and their industry thrive and increase the pilot population.
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