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Thu, Nov 03, 2011

Senate Approves FY2012 DOT/FAA Appropriations Measure

NBAA: Bill Has Language Reinstating the BARR

The U.S. Senate on Tuesday approved H.R. 2112, a funding package for several government agencies, including the Department of Transportation. The bill, which must be reconciled with a different version passed by the U.S. House, addresses the FAA's ATC modernization and NextGen programs, Essential Air Service, and other issues. What it doesn't do is resolve long-term funding issues for the FAA, which is being considered separately by the legislature.

It does, however, reinstating the Block Aircraft Registration (BARR) program. "We thank the Senate for approving this bill with language to restore the BARR program, and we hope the House will finalize legislation to reinstate the program as soon as possible," said NBAA President and CEO Ed Bolen.

The language is included in  Section 119A of the bill states:

"Notwithstanding any other provision of law, none of the funds made available under this Act or any prior Act may be used to implement or to continue to implement any limitation on the ability of any owner or operator of a private aircraft to obtain, upon a request to the Administrator of the Federal Aviation Administration, a blocking of that owner’s or operator’s aircraft registration number from any display of the Federal Aviation Administration’s Aircraft Situational Display to Industry data that is made available to the public, except data made available to a Government agency, for the noncommercial flights of that owner or operator."

The bill, which passed November 1 by a 69-30 vote, now returns to the House for final consideration. In September, Rep. Tom Latham (R-4-IA), who chairs the House Appropriations Committee’s Subcommittee on Transportation, Housing and Urban Development, and Related Agencies, included a similar provision to preserve the BARR in a House version of the appropriations bill.

The decade-old, Congressionally enabled BARR program was established to provide aircraft owners and operators an ability to "opt-out" of having their aviation movements tracked by anyone, anywhere in the world with an Internet connection. In March, the Federal Aviation Administration (FAA) formalized its intent to limit availability of the BARR program to only parties who could prove a "valid security concern." In August, the agency moved on its intention. NBAA and other general aviation groups, joined by individuals and organizations in and outside the aviation industry, have expressed alarm over the move, which represents an unwarranted invasion of the privacy of aircraft owners and operators, a threat to the competitiveness of U.S. companies and a potential security risk to persons on board.

FMI: www.nbaa.org

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