SENATE INTRODUCES FAA REAUTHORIZATION LEGISLATION
July 20, 2009
What’s at Issue
The U.S. Senate has introduced legislation to reauthorize the Federal Aviation Administration (FAA), S. 1451 the FAA Air Transportation Modernization and Safety Improvement Act.
Why It’s Important
This two-year $34.5 billion aviation modernization bill does not impose new commercial or private user fees, which gives hope to a clear path to pass the bill since it is in line with the U.S. House of Representatives version of the bill, H.R. 915, the FAA Modernization Act, which passed the House on May 21, 2009.
Major Provisions
The following provisions are the major highlights of the legislation:
- Operations: $9.3 million is authorized for FY10, and $9.6 million for FY11.
- Facilities and Equipment: $3.5 million is authorized for FY10, and $3.6 million for FY11, of which $500 million is derived from the Air Traffic Control System Modernization Account of the Airport and Airways Trust Fund each year.
- Research and Development: $200 million is authorized for FY10 and $206 million for FY11.
- Airport Planning and Development/Noise Compatibility and Planning: $4 million is authorized for FY10 and $4.1 million for FY11.
- Airport Program Expenses: $94 million is authorized for FY10 and $98 million for FY11, to be used for administrative expenses as it relates to the Airport Improvement Program, passenger facility charges oversight, etc.
- Miscellaneous Amendments: Amends the Airport Improvement Program (AIP) to include construction of mobile refueler parking as an eligible project for AIP funds if Spill Prevention, Control, and Countermeasures (SPCC) requirements are met.
- Grant Eligibility for Assessment of Flight Procedures: Authorizes the Secretary of Transportation to issue grants to an airport operator for completion of an environmental review and assessment to implement flight procedures that have been approved for airport noise compatibility planning purposes.
- Air Traffic Control Modernization Implementation Plan: The FAA Administrator is required to certify and publish a schedule for implementation of NextGen — 25 percent of the required procedures at such airports before January
- 1, 2015; 50 percent of the procedures before January 1, 2016; 75 percent of the procedures before January 1, 2017; and 100 percent of the procedures before January 1, 2018.
- ADS-B Development and Implementation: Requires the FAA to report to Congress the plan, schedule and budget requirements for integrating ADS-B into the National Airspace System.
- ADS-B OUT – A rulemaking is required to complete the initial rulemaking proceeding (Docket No. FAA-2007-29305; Notice 21 No. 07-15; 72 FR 56947) to issue guidelines and regulations for ADS-B Out technology required for all aircraft to be equipped by 2015; and the type of such avionics for all aircraft and classes of airspace and the associated costs.
- ADS-B IN – Requires a rulemaking to issue guidelines and regulations for ADS-B In that identifies the technology that will be necessary under NextGen and requires all aircraft to be properly equipped by 2018.
- Certification Standards – The FAA administrator is required to accelerate and streamline the process for certification of NextGen technologies, including establishing NextGen technical requirements for the manufacturing and installation of equipage and pilot training standards.
- Judicial Review of Denial of Airman Certificates: Any person significantly affected by a National Transportation Safety Board (NTSB) decision related to airman certificate action may obtain judicial review of that order.
- Increasing Safety for Helicopter and Fixed Wing Emergency Medical Service:
Approximately 18 months after enactment of this legislation, helicopter and fixed-wing aircraft certificate holders providing emergency medical services must comply with Part 135 operating requirements if there are medical crews on board, whether or not patients are on board. The certificate holder is exempt if they are operating under instrument flight rules. - Improving the Data Available on Air Medical Operations: Requires the FAA to report the number of aircraft, the registration number and the base location of helicopters and fixed-wing aircraft used to provide emergency medical services.
- Improved Safety Information: Requires the FAA to issue a final rule in Docket No. FAA-2008-0188, Re-registration and Renewal of Aircraft Registration. The final rule shall include a provision for the expiration of a certificate, an aircraft registered as of the date of enactment, and re-registration requirements for those aircraft that remain eligible for registration.
- Post-Employment Restrictions for Flight Standards Inspections: Prohibits a person with an operating certificate to employ an individual who within the preceding three years had served as an FAA flight standards inspector.
- Inspection of Foreign Repair Stations: Requires the FAA to establish and implement a safety assessment system for all Part 145 repair stations based on type, scope, and complexity of work being performed within a year of enactment of this legislation for Part 121 air carriers.
- The assessment must ensure that repair stations outside the U.S. are subject to appropriate inspections based on U.S. requirements. All maintenance safety and implementation agreements are required to be inspected by the FAA when safety concerns are warranted.
- The FAA must publish an annual report on oversight of Part 145 repair stations and implementation of the safety assessment system. The report is to include the location where Part 121 air carrier repair work is performed, the number of inspectors, and training provided to the inspectors.
- Biannual inspections are required of all Part 145 repair stations twice a year by the FAA.
- Pilot Applicant Employment Records: The FAA administrator is required to establish and maintain a pilot employment, training, and testing database and publish notice in the Federal Register when the database is operational. FAA records will include airman certificates, any failed attempts to pass a practical requirement, legal enforcement actions, etc. This is a significant change to the current pilot employment checks conducted under the Pilot Records Improvement Act (PRIA).
- Air Carrier Safety Management Systems: Requires the FAA administrator to issue rulemakings to require Part 121 air carriers to adopt as part of their safety management systems 1) an aviation safety action program; 2) a flight operations quality assurance program; 3) a line operational safety audit program and 4) a flight crew fatigue risk management program.
- Improved Flight Operational Quality Assurance, Aviation Safety Action, and Line Operational Safety Audit Programs: Places a limitation on disclosure and use of information submitted as part of a safety reporting program in judicial proceedings and prohibits the use of the following to gain information (Freedom of Information Act (FOIA) also does not apply) –
- An Aviation Safety Action Program report
- Flight Operations Quality Assurance Program data
- Line Operational Safety Audit Program report
- Oversight of Flight Training Schools: Requires a report to Congress on a plan to oversee pilot schools certified under Part 141 including a curriculum and course outline requirements and conduct on-site inspections of each school not less than once every 2 years.
- Commercial Air Tour Operators in National Parks: Requires new reporting requirements and collection of fees. A commercial air tour operator must report to the FAA the number of commercial air tour operations conducted in a national park each day. The fee will be determined by the secretary of the Department of Interior.
- Phase Out of Stage 1 and Stage 2 Aircraft: Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with Stage 3 noise levels – Prohibits the operation of a civil subsonic aircraft with a maximum weight of 75,000 pounds to or from an airport in the United States unless certified by the secretary of Transportation that it complies with Stage 3 noise levels.
- Weight Restrictions at Teterboro Airport: Prohibits the FAA administrator from taking actions designed to challenge or influence weight restrictions or prior permission rules at Teterboro Airport in Teterboro, New Jersey, except in an emergency.
NATA Position
NATA is pleased with the Senate Commerce, Science and Transportation Committee’s efforts in drafting S. 1451 in a timely manner and for the hopeful passage of this legislation this year. NATA is pleased with the benchmarks set by the committee to ensure that NextGen proceeds in a consistent manner while trying to accelerate and streamline the process for certification standards of NextGen technologies.
However, NATA is very concerned about the language prohibiting the FAA from challenging weight restrictions at Teterboro Airport and feels that this language will set a precedent for other airports in the future. In addition, NATA remains concerned with the requirement of increased inspections on foreign repair stations due to the potential job loss to U.S. repair stations if the European Union retaliates against the trade agreement with the U.S. Some of the other safety provisions are also of great concern due to the burden they impose on operators. However, the provisions allowing appeal of an NTSB certificate action and the protections for voluntary safety programs are supported by the association.
The association is pleased with the committee’s cooperation in not including any aviation funding mechanisms and awaits the Senate Committee on Finance’s recommendation on any tax adjustments to the bill.
Status
The Senate Committee on Commerce, Science and Transportation is scheduled to mark up the legislation on July 21, 2009. Once the bill passes the committee, it will be up to the Senate Committee on Finance to address the bill. A timeline is uncertain at this time. NATA looks forward to working with the Committee on Finance on provisions including repeal of the fuel fraud provision, which has long been a top legislative priority of the association, as well as the continued omission of any user fee proposal. The association is hopeful that S. 1451 will make it to the Senate floor before the extension deadline of September 3, 2009.
Click here to download the complete Senate bill.
Staff Contact: Kristen Moore
Director, Legislative Affairs
kmoore@nata.aero