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Week Ending September 21, 2007

H.R.2881 To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2008 through 2011, to improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes.

Congress finds that the US faces a ‘great national challenge as the Nation’s aviation infrastructure is at a crossroads.” Demand is increasing as is the value and need of the transportation service and its role in national security.

Aviation is also a job maker with 10 million now employed and $900 billion added to the GDP each year.

Enter NextGen System, a system for achieving long-term transformation of the air transportation system focused on developing and implementing new technologies creating a more flexible system without compromising safety.

Modernizing the air transport system is a national priority on Congress’ mind and require a commitment based on strong leadership and sufficient resources. The leader will be the FAA and the Next Gen Air Transportation System Senior Policy Committee created in 2003. The resources, of course will come from the taxpayers and air transport-related revenues and fees.

The bill funds increases for airport and noise planning and development, navigation facilities and equipment, FAA operations and various programs.

Also authorized are passenger facility charges and fees for FAA services.

Passenger facility charges would rise from $4.00 to $7.00. A specific charge is authorized for an unidentified California airport (likely LAX) to be used for a project to carry out noise mitigation for a school building, or for the replacement of a relocatable building with a permanent building, in the noise impacted area surrounding the airport.

A fee is authorized to finance a pilot project at no fewer than five airports for constructing a local facility owned or operated by an eligible agency that is directly and substantially related to the movement of passengers or property traveling in air transportation.

Fees for overflights, flights that neither take off from or land in the US are to be looked at to assure that the fees actually cover the costs to the FAA regarding navigation, weather services and other services and expenses of managing the overflights.

Registration fees, for registering and certifying aircraft, receiving pilot licenses and other registrations will be increased.

A report is due Congress on airports progress with installing bicycle parking for airport customers and employees.

As in similar bills, Congress recognizes the challenges that air traffic control systems face as the demand for air travel and consequently air traffic controllers increase, a majority percentage of current air traffic controllers will be retiring in the next ten years. On top of that the current system for handling air traffic is not flexible enough to take on increases in air travel expected over the next twenty years and that is where Next Gen comes in.

While we have an Administrator of the NextGen System the bill creates and Associate Administrator to report to the Administrator and coordinate with other government agencies and eventually report to Congress on progress.

Safety

Pilots may continue on multi-crew flights until the age of 65 with the exception of international flights where the top age is 60 and requires a co-pilot under tha ge of 60 to fly along. Pilots in that age group may not be exposed to medical standards, or different, greater, or more frequent medical examinations, on account of age unless the Secretary of Transportation concludes that it is necessary to insure flight safety. Those pilots abilities will be tested every six months.

Large and small-hub airports must submit for approval a plan to accommodate passengers in emergencies. The plan must include the ability to provide water, food restrooms, cabin ventilation and medical treatment to passengers on board planes for an extended period of time on the ground. Airports must also show a plan to share facilities and make gates available at the airport in an emergency. The Secretary must establish a consumer complaint hotline phone number.

No air carrier, foreign air carrier or ticket agent may sell in the US a ticket for a flight on which an insecticide is planned to be used while passengers are on board unless the passenger is informed of the use and the insecticide to be used before buying the ticket

A National Academy of Sciences study of pilot fatigue is to be concluded in three months. The study will include research on pilot fatigue, sleep and circadian rhythms sleep and rest requirements, and flight limitations and pilot rest. Flight attendant fatigue will also be studied and a report to Congress will include a survey of field operations of flight attendants, reports of fatigue, research into the effects of the fatigue and models for testing for fatigue.

Pilot licenses will be redone to make them resistant to tampering, alteration and counterfeiting, to include a photograph of the pilot and to be capable of holding biometric data.

A final rule is due by December 2007 regarding the reduction in fuel tank flammability in transport aircraft and a system for monitoring aircraft outside radar range in mountainous areas is to be improved through a pilot study.

A month report is now due on planes that were diverted from scheduled destinations and cancellation of flights.

Commercial unmanned aircraft

A plan is due in nine months on safely integrating unmanned aircraft systems into the national airspace system. The plan will review technologies and research, define acceptable standards for operations and certification, assure the unmanned systems have the ability to ‘detect, sense and avoid’, and standards for licensing and abilities of those who operate the unmanned aircraft. The plan for unmanned aircraft is to be completed no later than September 2012.

Within nine months, the Secretary will determine and establish necessary registration, safety standards and authorization processes for unmanned aircraft.

Miscellaneous

Miscellaneous provisions in the bill open the door for the FAA to share data with law enforcement. Intelligence, protective services and others in the course of performing official duties, and, in the reverse, the FAA is given access to Justice Department criminal records, driver, vehicle and other law enforcement data.

The Director is authorized to distribute not more than $20 million for terminal development at non-hub or small hub airports. Funds and authorizations are increased for Essential and Small Community Air Services, subsidized air services to off the track airports that otherwise do not have sufficient market to support themselves but that are otherwise necessary.

The FAA Administrator is authorized to enter into a cooperative agreement, through the competitive process, to carry out a program of developing, maturing and certifying plane engine and airframe technology that produces low-energy emissions and engine noise. The aim is to reduce greenhouse emissions by 25% and reduce landing and take off nitrogen oxide emissions by 50% without increasing other emissions. Noise is to be reduced by 10 decibels.

Six environmental mitigation demonstration projects may be conducted at selected airports. Funds may come from passenger fees. The project would focus on mitigating emissions and noise pollutions on greenhouse gas increases and water quality.

Sponsor: Rep James Oberstar (MN-8^th)

Vote: Passed House September 20, 2007 267 to 151 RC 890

Cost to the taxpayers: "CBO estimates that implementing the bill
would have a discretionary cost of $51 billion over the 2008-2012 period, assuming the
appropriation of the necessary amounts. In addition, we estimate that enacting the bill would reduce net direct spending by $336 million over the 2008-2012 period but increase it by $216 million over the 2008-2017 period. Finally, CBO and the Joint Committee on Taxation (JCT) estimate that enacting H.R. 2881 would increase revenues by $18 million over the 2008-2012 period and reduce them by $122 million over the 2008-2017 period."

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MORE INFORMATION

FINDINGS

AMENDMENTS

(a) Findings- Congress finds the following:

(1) The United States faces a great national challenge as the Nation's aviation infrastructure is at a crossroads.

(2) The demand for aviation services, a critical element of the United States economy, vital in supporting the quality of life of the people of the United States, and critical in support of the Nation's defense and national security, is growing at an ever increasing rate. At the same time, the ability of the United States air transportation system to expand and change to meet this increasing demand is limited.

(3) The aviation industry accounts for more than 10,000,000 jobs in the United States and contributes approximately $900,000,000,000 annually to the United States gross domestic product.

(4) The United States air transportation system continues to drive economic growth in the United States and will continue to be a major economic driver as air traffic triples over the next 20 years.

(5) The Next Generation Air Transportation System (in this section referred to as the `NextGen System') is the system for achieving long-term transformation of the United States air transportation system that focuses on developing and implementing new technologies and that will set the stage for the long-term development of a scalable and more flexible air transportation system without compromising the unprecedented safety record of United States aviation.

(6) The benefits of the NextGen System, in terms of promoting economic growth and development, are enormous.

(7) The NextGen System will guide the path of the United States air transportation system in the challenging years ahead.

(b) Sense of Congress- It is the sense of Congress that--

(1) modernizing the air transportation system is a national priority and the United States must make a commitment to revitalizing this essential component of the Nation's transportation infrastructure;

(2) one fundamental requirement for the success of the NextGen System is strong leadership and sufficient resources;

(3) the Joint Planning and Development Office of the Federal Aviation Administration and the Next Generation Air Transportation System Senior Policy Committee, each established by Congress in 2003, will lead and facilitate this important national mission to ensure that the programs and capabilities of the NextGen System are carefully integrated and aligned;

(4) Government agencies and industry must work together, carefully integrating and aligning their work to meet the needs of the NextGen System in the development of budgets, programs, planning, and research;

(5) the Department of Transportation, the Federal Aviation Administration, the Department of Defense, the Department of Homeland Security, the Department of Commerce, and the National Aeronautics and Space Administration must work in cooperation and make transformational improvements to the United States air transportation infrastructure a priority; and

(6) due to the critical importance of the NextGen System to the economic and national security of the United States, partner departments and agencies must be provided with the resources required to complete the implementation of the NextGen System.

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AMENDMENTS

Amendment offered by Mr. Oberstar.

An amendment numbered 1 printed in Part C of House Report 110-335 to require the Federal Aviation Administration (`FAA') to begin schedule reduction meetings if aircraft operations exceed hourly maximum arrival and departure rules at airports; call for an update of the Department of Transportation Inspector General's 2000 report on air carrier flight delays, cancellations, and causes for such delays and cancellations. Essential Air Service communities receive additional resources to help their communities continue to receive service, including a repeal of the local participation match, a notice to communities prior to termination of eligibility, procedures for the restoration of eligibility, and the creation of an Office of Rural Aviation. The manager's amendment provides for labor integration during airline mergers, directs the FAA to conduct rulemakings on flight time limitations, OSHA standards for flight attendants, and aircraft rescue and firefighting standards, and includes provisions on cabin air quality.