e 

U.S. Department 

of Transportation 

Office of the Secretary 

of Transportation 

GENERAL COUNSEL 

March 14, 2011 

Ed Bolen 

President and CEO 

National Business Aviation Association 

1200 18'" Street, N.W., Suite 400 

Washington, D.C. 20036 

Re: NBAA BARR Information 

Dear Mr. Bolen: 

1200 New Jersey Avenue, BE 

Washington, DC 20590 

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Thank you for your e-mail and attached letter dated February 15, 2011, summarizing the 

results of a survey the National Business Aviation Association conducted about its Blocked 

Aircraft Registration Request (BARR) program. The Secretary of Transportation, Ray 

LaHood, asked me to respond on his behalf. As you know, the Federal Aviation 

Administration (FAA) is proposing to address this matter and, on March 4, 2011, the FAA 

issued a notice of proposed modification to the Memorandum of Agreement (MO A) for 

Industry Access to Aircraft Situation Display (ASDl) and National Airspace System Status 

Information (NASSI) data between the FAA and Direct Subscribers to the ASDI and NASSI 

data feeds. I am enclosing the Federal Register Notice (76 Fed. Reg. 12209 (March 4, 2011)) 

with this response. 

Please note that this Notice provides an opportunity for public comments, due on or before 

April 4, 2011. Our rules discourage substantive communications about a docketed 

proceeding. I have placed a copy of your letter and this response in Docket Number F AA2011-0183. 

Sincerely, 

Robert S. Rivkin 

General Counsel 

Enclosure 
Pettiford, Marie (OST) 

From: 

Sent: 

To: 

Subject: 

Attachments: 

Ed Bolen [ebolen@nbaa.org] 

Tuesday, February 15, 2011 4:32 PM 

LaHood, Ray (OST) 

NBAA BARR Information - 2nd Attempt 

BARR Data.pdf 

Mr. Secretary, 

Apologies for the incorrect email address. 

Ed 

Forwarded message 

From: Ed Bolen <ebolen(g),nbaa.org> 

Date: Tue, Feb 15,2011 at 2:56 PM 

Subject: NBAA BARR Information 

To: s-l(g!dot.gov 

Cc: ioan.DeBoer@dot.gov, iohn.porcari^dot.gov, robert.rivkin(a),dot.gov 

Dear Mr. Secretary: 

Please see the attached letter describing the responses we received to our survey of BARR program users and the 

responses themselves. Many thanks for providing the opportunity to make this information available to the Department. 

And thank you also for your decision to publish a notice setting forth any proposed change to eligibility for the BARR 

program and establishing a 30-day comment period. 

Best regards, 

Ed 
© NBHR 

February 15, 2011 

The Honorable Ray LaHood 

Secretary of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Dear Mr. Secretary. 

As promised, on February 4, 2011, NBAA sent a survey letter, generally approved in advance by the Department, to 

approximately 3270 current users of the Blocked Aircraft Registration Request program, including users who are not NBAA 

members. The purpose of the survey was to establish how many users maintain that their use of the BARR program is 

attributable to a bona fide security concern. We asked that responses be returned to us not later than February 14. 

Specifrcally, the survey letter asked recipients to indicate whether -

1. they have employees eligible to claim an exclusion under Treasury Regulation Section 1.132-5(m) ("Employerprovided transportation for security concerns"); 

2. they do not have employees eligible to claim such an exclusion; or 

3. they have employees who do not claim the exclusion but nevertheless maintain that they have a bona fide security 

justification for use of the BARR program. 

As of yesterday, NBAA had received 535 responses to the survey letter, a return rate of 16.4%. Of those responding: 

1. 76 respondents (14.2%) indicated that they do have employees eligible to claim an exclusion under Treasury 

Regulation Section 1.132-5(m); 

2. 171 respondents (32.0%) indicated that they do not have employees eligible to claim such an exclusion; and 

3. 288 respondents (53.8%) indicated that while they do not have employees eligible to claim the exclusion, they 

maintain that they have a bona fide security justification for use of the BARR program. 

A list of the respondents and the individual responses, in alphabetical order, are enclosed herewith. 

It is important to note that NBAA also received a large number of phone calls from survey recipients. Many indicated that they 

would not respond to the survey either because of concerns that their response might compromise their security or on advice 

of legal counsel. The low response rate is undoubtedly attributable, at least in part, to these concerns. 

Thank you for providing the opportunity to furnish this information. We look forward to seeing the Department's publication in 

the Federal Register of a notice of any proposed change in eligibility for the BARR program, and to furnishing you with our 

views thereon. 

Sincerely, 

zd Bolen 

President and GEO 

Enclosures 

cc: John D. Porcari, Deputy Secretary 

Robert S. Rivkin, General Counsel 

Joan DeBoer, Chief of Staff 

SAKTY & AIRCflAfT QPEfiiTIONS LEGISLATIVE A nEGUUATQRV ADVOCACY NETVVQRKiNG & COMMEBCE EOUCATION 4 CAREER DEVELOPMENT BUSINESS MANAGEMENT RESOURCES 

Nationfil Business Aviation Assof-iation 1200 18th Sires?. NW, Suite 400 Washington, DC 200.'t6 (20?) 783-9000 www.nbaa.ort.]