Air & Transportation International Air & Transportation S a f e t y B a r Association Law Reporter ISSUE APR 2 0 1 8 President’s Messageb y J i m W a l d o n Our 2018 IATSBA conference is traditions and camaraderie reign, just around the corner. Thanks to Tony the Club’s timeless elegance and INSIDE THIS ISSUE Jobe and to our Board Members we atmosphere are complimented have an incredible agenda lined up. with fine dining, delightful PAGE TWO We are excited about the conference. accommodations, an exceptional President’s Message Please join us May 16 - 20, 2018 in library and special events Jim Waldon Washington DC as we celebrate the designed to benefit all members. National Transportation Safety Board’s PAGE THREE 50th anniversary. FAA Chief Counsel We will be presenting this year’s Editor’s Column Charles Tripp and NTSB Chief Counsel winners of the Joseph T. Nall award Greg Reigel Kathleen Silbaugh are just a few of at the gala dinner. Every year we our esteemed speakers from both the present a Joseph T. Nall Safety Award PAGE FIVE government and private sectors. to a person or team of persons who Overturning Alaska have made a significant contribution to Guides Thanks to a few of our veteran aviation safety during his/her, or their Gary B. Garofalo & Jason members our Gala Dinner will be lifetime. I am happy to announce this E. Maddux held Friday evening, May 18 at the years’ recipients are the Honorable prestigious Army and Navy Club in Robert Sumwalt, NTSB Chairman, and PAGE EIGHT Washington DC. The following is an Honorable Christopher Hart, Member Professional Liability excerpt from their website: NTSB. Insurance Roger Hillman Where Traditions and Spring Conference Sponsors Camaraderie Reign We are excited about our PAGE TEN The Army and Navy Club has conference sponsors this year. US Airways: 1998-2008 been a prestigious home away Already the following firms and other Jeffery Small from home for the most illustrious companies have agreed to sponsor names in America’s military and our conference political history. The Club is a PAGE TWENTY-THREE private, members only, Five Star Holland and Knight IATSBA Conference Platinum Club on Washington, UPS Agenda DC’s historic Farragut Square. Federal Express Valued by members as a Paramount Law Group, PLLC PAGE TWENTY-EIGHT distinguished landmark where Kriendler & Kriendler IATSBA Conference conitnued on page 4... Sponsors PAGE TWENTY-NINE IATSBA Membership Application JIM WALDON is a national aviation attorney. His practice focuses on aircraft transactions and regulatory matters. He is currently the managing partner at Paramount Law Group, an aviation law firm based in Seattle, Washington. Prior to founding Paramount, Jim worked as an aviation attorney at Lane Powell, Mokulele Airlines, PAGE Alaska Airlines and at TWA. 02 Editor’s Column b y Greg Reigel Spring has finally arrived for won’t want to miss. Gary Garofalo and most of our members, including those Jason Maddux discuss the “Alaska in Minnesota, who received a “kick in Guides Case” and impact of the FAA’s the you know where” April snowstorm use of interpretations to side-step that dumped approximately 17” of the the rulemaking requirements of the white stuff on the Minneapolis-St. Paul Administrative Procedures Act. area. But here in Texas we have been enjoying spring for a while now. No, I Jim Hillman highlights the role do not miss those Minnesota winters. insurance may play during mediation GREG REIGEL is a At all. of a professional liability (e.g. medical, partner with the law firm legal, etc.) case and some of the of Shackelford, Bowen, McKinley and Norton, And with the arrival of spring you issues with which counsel in those LLP in Dallas, Texas. are also receiving this latest edition of cases should be familiar. And Jeffrey He has more than two the International Air and Transportation Small recaps the roller-coaster ride the decades of experience Safety Bar Association’s Reporter. Our US Airways pilots endured during the GARYworking HALBERT with airlines, is a charterpartner companies,with the law fixed firm spring conference in Washington, D.C. tumultuous time from 1997 to 2008 Hollandbase & operators,Knight. He worksairports, out is just around the corner and to get you and the recurring issues they faced. repair stations, pilots, of their Washington, D.C. office ready for the conference, this issue of and mechanics,is a member ofand the otherfirm’s Aviationaviation and Transportation businesses Law the Reporter has a variety of articles I If you are still on the fence Practicein Teams.aircraft Gary purchase served in know you will find interesting. regarding attending the spring and sale transactions, the United States Air Force as a conference, in this issue you will find jet instructorregulatory pilot forcompliance five years beforeincluding attending hazmatlaw school and at Our outgoing President, Jim the spring conference agenda and the Universitydrug and of alcohol Texas. testing,He then Waldon, provides us with a recap of speakers list. Once you read through contract negotiation, served as an Air Force Judge recent IATSBA events and activities. the anticipated presentations, I think Advocateairport for grant almost assurances, twenty yearsairport before retiringleasing, in theaircraft grade He also gives us a sneak-peak at you will agree that this conference of Colonel.related Gary nextagreements, joined the what you can expect at our upcoming has something for everyone, and then wet leasing, dry leasing, National Transportation Safety conference on May 16-20, which you some. BoardFAA (NTSB) certificate as its andGeneral civil Counselpenalty where actionshe served andfor five generalyears before aviation joining Hollandand & Knight.business law matters. National Officers Greg also has extensive President Jim Waldon Seattle, Washington experience teaching Executive Vice President James Rodriguez Washington, DC the next generation Member at Large Tony B. Jobe Madisonville, Louisiana of aviation and legal Secretary John Yodice Frederick, Maryland professionals including Treasurer Ray Speciale Frederick, Maryland in such courses as Membership Chairman Matt Robinson Denver, Colorado aviation law, aviation transactions, aviation Emerging Leaders Chairman Sean Barry New York, New York security, business law FAA Liason Linda Modestino Oklahoma City, Oklahoma and trial advocacy. Greg Immediate Past President Justin Green New York, New York holds a commercial pilot Regional Vice Presidents certificate (single-engine Alaskan Brent Cole Anchorage, Alaska land, single-sea and multi-engine land) with Central Elizabeth Vasseur-Browne Kansas City, Missouri an instrument rating. Eastern Jeffrey Small Coraopolis, Pennsylvania Great Lakes Brett Venhuizen Grand Forks, North Dakota New England Paul Lange Stratford, Connecticut PAGEPAGE Northwest Scott Brooksby Portland, Oregan Southern Wayne Ferrell Jackson, Mississippi 03 Southwest Mitch Llewellyn Ft. Smith, Arkansas Western Pacific John T. Van Geffen San Francisco, California Editor’s Column ...continued As with each issue, I am Finally, if you would like to thankful to the contributors who have submit an article or if you have an stepped up to share their experiences announcement, news, a press release and expertise with our members. But or an event you would like to share having said that, I will once again pen with other IATSBA members, please my request for articles and content that send me the details so we can include would be interesting and useful to our your information in the Reporter. members for future issues. We need your help and contributions to make I hope you enjoy this edition of the Reporter the valuable member the Reporter. benefit I hope it is. President’s Message ...continued Tripp Scott Scholarship Program AOPA We presented a scholarship Schulte Booth award at the SMU Air Law Symposium The Aviation Law Firm in Dallas last month. Vincent Lesch, The Law Offices of Tony B. Jobe our membership director presented Avialex Law Group LLP the award. Thank you to our sponsors! Many of you have been helpful Please contact me if you would like to in our efforts listed above. Thank you! sponsor our conference. If anyone else is interested in joining and/or being active with us, please visit IATSBA Social at NBAA in Las Vegas IATSBA.org. We are a great group of We had a great turnout last aviation law practitioners and we would October at the NBAA Conference love to have you join us. in Las Vegas at our IATSBA social. PAGE Thank you to all who attended. Jim Waldon, President, IATSBA 04 Overturning Alaska Guidesb y G a r y B . G a r o f a l o & Jason E. Massux If your office is anything like ours, That was the state of the law until the “Alaska Guides Case” is mentioned 1998 when the FAA published a “Notice JASON E. MADDUX is frequently and is highly revered. More to Operators” in the Federal Register a principal at Garofalo officially known asAlaska Professional “announc[ing] that Alaskan guides Goerlich Hainbach PC. His Hunters Association v. FAA, 144 F.3d who transport customers by aircraft practice encompasses a broad range of regulatory 1030 (DC Cir. ’99), the Alaska Guides to and from sites where they provide issues affecting domestic Case confirmed the view of the District guide services, with transportation and foreign commercial of Columbia Circuit Court of Appeals included in the package price of the and business aviation operators. He also that “[w]hen an agency has given its trip, henceforth must comply with the assists clients with regulation a definitive interpretation, regulations of parts 119, 121 and 135, aircraft transactions and and later significantly revises that as applicable.” Id. at 1033. Specifically, conducting due diligence for aviation asset interpretation, the agency has in effect “[i]n the future the FAA would treat transactions. He holds a amended its rule, something it may these guides as commercial operators private pilot certificate.