Air & Transportation International Air & Transportation S a f e t y B a r Association Law Reporter ISSUE 04 MAR 2 0 1 6 President’s Messageb y Justin Green Registration is open for the The 2016 Joseph T. Nall Award IATSBA Annual Conference, which will take place between April 28 and On April 29, the International April 30 in Washington D.C. We Air and Transportation Safety Bar already have commitments from a Association will award the 2016 Joseph terrific group of speakers, including T. Nall Award to Nick Sabatini for his the NTSB Vice Chair Bella Dinh- incredible contributions to aviation Zarr who will be the opening dinner safety during a storied career at the JUSTIN GREEN joined speaker. Speakers include NTSB Federal Aviation Administration. Kreindler & Kreindler LLP in 1997 after clerking for Board Member Robert Sumwalt, David the Honorable Alfred J. Tochen, NTSB General Counsel, Hon Nick served as the U.S. Lechner in the Federal Alfonso Montano, Chief Administrative Federal Aviation Administration’s District Court for the District of New Jersey. Law Judge, in addition to leading Associate Administrator for Aviation He became a partner in attorneys and professionals from the Safety from 2001 to 2009, where he January of 2003. Federal Aviation Administration and was responsible for the certification, Justin focuses his practice on helping from private practice. production approval, and continued families of aviation airworthiness of aircraft; certification disaster victims, but also The conference will be held at of pilots, mechanics, and others in litigates other complex matters. Justin learned the Holiday Inn Capitol, which has just safety-related positions. In that role, he to fly while in the United finished a major renovation. We have was also responsible for certification States Marine Corps and purposely kept the conference costs of all operational and maintenance served as his squadron’s aviation safety officer as low as possible and you can now enterprises in domestic civil aviation; after graduating from register at the following rates: $425 development of regulations; civil flight the Naval Postgraduate private practice and $275 government. operations; and the certification and School’s aviation safety program. He You can register on line at IATSBA.org safety oversight of some 7,300 U.S. was responsible for his or you can use the registration form commercial airlines and air operators. squadron’s aviation that is included in this newsletter and Nick was responsible for some 7,000 safety, and also for investigating accidents. mail it and a check to the address on employees in FAA Washington He holds an airplane and the form. The block of rooms at the Headquarters, nine regional offices, helicopter commercial Holiday Inn for the event is at a low and more than 125 field offices license from the Federal Aviation Administration. $199 per night, plus tax. To book a throughout the world. As an aviation lawyer, room, you can call the Capitol Holiday Justin has successfully Inn at (877) 572-6951 and mention Prior to that, Nick was manager represented families in dozens of major the rate code T9S or you can link to of the Flight Standards Division for aviation cases, including the hotel’s reservation page from our FAA’s Eastern Region, and served most recently the website when you register for the in a variety of aviation operations families of Continental Connection Flight 3407 conference. and management positions in the and Turkish Airlines agency’s Eastern Region, as a Flight 1951 victims. He At our GALA dinner we will principal operations inspector, aviation edits Kreindler, Aviation Accident Law published honor two people who have made truly safety inspector, manager of the Flight by Lexis/Nexis. remarkable contributions to aviation Standards Division Operations Branch, and you will not want to miss the and assistant manager of the Flight PAGE opportunity to join us in making the Standards Division. 02 awards. President’s Message (continued) Prior to joining the FAA in 1979, John Yodice has dedicated his Nick was a pilot for the U.S. Customs professional life to aviation since he Service in New York. From 1958 to graduated from George Washington 1976, he was a police officer and University School of Law in 1959. Since INSIDE THIS ISSUE helicopter pilot for the New York City then he has represented pilots, flight Police Department. He served in the schools, corporate and commercial U.S. Army from 1956 to 1958. operators, aircraft owners, and others PAGE TWO in a broad range of important aviation President’s Message Nick holds an airline transport law matters. He served as General Justin Green pilot certificate and the following Counsel to the Aircraft Owners and ratings: Airplane multi-engine land, Pilots Association, a Sponsor for PAGE FOUR rotorcraft-helicopter, DC-9, CE- the IATSBA Conference, and the Editor’s Column 500, BH206, EMB110, commercial International Council of Aircraft Owner Greg Reigel privileges, airplane single-engine land, and Pilot Association. He is a Director as well as flight and ground instructor (and past president) of the Lawyer- PAGE FIVE certificates. He attended the John Jay Pilots Bar Association and serves as NTSB General Counsel College of Criminal Justice; the Kellogg LPBA’s Convention Manager. John is Katie Inman School, Northwestern University; an active commercial pilot and flight and the Fletcher School of Law and instructor. He uses his twin-engine PAGE NINE Diplomacy, Tufts University. Cessna Turbo 310 primarily in his law practice. His Piper Cub is just for fun. UAS & Privacy Alan Frazier Past honorees include: • Safeflight Instrument Corporation, John is one of the IATSBA founding members and has been a PAGE TWELVE Randy Greene, Chief Executive Office, and his father Leonard Greene Board member since day one. He Start Up Commuter • Cirrus Aircraft SR Safety Design Team continues to contribute as the Board’s Airlines • Dr. John K. Lauber, NTSB Board Secretary. He, perhaps more than Jim Waldon Member, Senior Vice President and anyone, is responsible for creating Chief Product Safety Officer, Airbus this bar association of lawyers who PAGE FOURTEEN SAS are dedicated to aviation law and the Annual Conference • William R. Voss. President and CEO, safety of pilots and passengers of fixed Information Flight Safety Foundation and rotary wing aircraft. • Herbert D. “Herb” Kelleher, Co- PAGE TWENTY-FOUR Founder and CEO, Southwest Airlines The IATSBA Lifetime NTSB Law Judge Circuit • Captain Alfred C. Haynes, United Achievement Award is awarded Assignments Airlines Flight 232, Sioux City, Iowa to the attorney who has made a truly remarkable contribution over PAGE TWENTY-FIVE a significant time period to our bar IATSBA Membership The 2016 International Air and association, to aviation law and to Application Transportation Safety Bar aviation safety. No person is more Association deserving than John Yodice of the honor of being the first recipient of the PAGE Lifetime Achievement Award IATSBA Lifetime Achievement Award. 03 Editor’s Column b y Greg Reigel Welcome to the Spring/ and agenda are also included in this Conference issue of the International issue of the Reporter. With an agenda Air & Transportation Safety Bar focusing on aviation regulatory issues, Association’s Reporter. As I write this you won’t want to miss this event! column, I am reminded of the value and benefit bar associations such as From the NTSB, Katie Inman IATSBA and LPBA provide to me and discusses several recent cases in to my aviation law practice. They which the Board has decided various sponsor conferences that focus on issues of first impression including a GREG REIGEL is a partner with the law firm the specialized aviation and regulatory determination that it lacks jurisdiction of Shackelford, Bowen, practices of our members. This to review the FAA’s actions relating to McKinley and Norton, publication, which strives to both a statement of aerobatic competency, LLP in Dallas Texas. He has more than two educate and inform our members with as well as a case analyzing the decades of experience articles on a variety of current and application of 14 C.F.R. §91.13(a) to a GARYworking HALBERT with airlines, developing legal issues, provides me situation where the airman caused a jet charter companies, fixed is a partner with the law firm with useful information for my practice. blast after a nearby aircraft would not Hollandbase & operators, Knight. He airports,works out of theirrepair Washington, stations, D.C. pilots, office The camaraderie and friendships I trade places with the airman’s aircraft andmechanics, is a member andof the otherfirm’s have enjoyed with other association on a taxiway. Katie also updates us aviation businesses Aviation and Transportation Law members also sustain and encourage on several NTSB rule changes that are Practicein Teams.aircraft Gary purchase served in the andUnited sale States transactions, Air Force as a me during those times when a course now in effect. jet instructorregulatory pilot forcompliance five years at “Truckmasters” looks like the path to beforeincluding attending hazmat law school and at a better career alternative. Next, Alan Frazier analyzes the drugUniversity and ofalcohol Texas. testing, He then servedcontract as an Air negotiation,Force Judge some of the privacy issues facing law Advocateairport forgrant almost assurances, twenty However, to truly enjoy the enforcement agencies that are utilizing airport leasing, aircraft years before retiring in the grade benefits of this and other similar bar small unmanned aircraft systems. And of Colonel.related Gary nextagreements, joined the Nationalwet leasing,Transportation dry leasing, Safety associations you need to participate. finally, our President-Elect Jim Waldon BoardFAA (NTSB) certificate as its andGeneral civil Attend the conferences. Meet and provides us with a flight-level overview penalty actions and Counsel where he served for network with other members.