Battle Lost, But More Skirmishes Looming

The Aircraft Owners and Pilots Association reports there was no doubt about the general aviation community's hatred of user fees in the minds of any member of the Senate Commerce Committee when it came time to vote Wednesday on an amendment that would have stripped the $25-per-flight air traffic control user fee from the Senate's FAA funding bill.

As ANN reported in Real Time, the Senate Commerce Committee voted 12 to 11 on May 16 to impose user fees for ATC services. AOPA President Phil Boyer notes, while the loss is discouraging, the Senate committee is but the first of nearly a dozen political bodies that will weigh in on the FAA financing issue.

"As disappointing as this one vote is, I still consider it a win for the long term," said AOPA President Phil Boyer. "In Washington, it's not always about the result but about how you play the game, and in this case pilots disrupted the airlines' attempt to smoothly have user fees pass."

Boyer noted that three days ago, no one would have believed that there was the slightest chance in knocking user fees out of the package.

"But with the help of AOPA members, we nearly turned it around in two and half days," said Boyer. "That sends a message to the rest of Congress, showing that there is strong support for our no-user-fee position."

"We're extremely grateful to Senators Bill Nelson (D-FL) and John E. Sununu (R-NH) for sponsoring this amendment and to the senators who supported them," said Boyer.

AOPA also notes Alaska Senator Ted Stevens (right) -- who cast the tie-breaking vote to keep user fees in the bill -- did so with hesitation. Referring to the effect of user fees on aircraft flying in Alaska, Stevens said he thought there was "a bit of unfairness" in the bill, but he wanted to send it to the Senate floor.

"That gives us the opportunity build on the momentum started against user fees," said Boyer. (Editor's Note: Considering the impact and importance of general aviation in Alaska, one could argue Stevens' vote was particularly egregious.)

Fuel Tax Remains Hot Issue

Noting that the Rockefeller-Lott FAA funding bill would give the airlines a tax break by eliminating its 4.3-cent fuel tax and replacing it with a $25-per-flight user fee on all turbine-powered aircraft flying in controlled airspace, Nelson asked, "Who do you want to pay? You have to make a choice; do you want it from the user fee or a continuation of the existing fuel tax on commercial aviation?"

Nelson said that Florida, like Alaska, depended upon GA... but unlike Alaska, his entire state was covered by controlled airspace. Every turboprop flying point to point in Florida would pay the $25-per-flight fee.

Nelson also openly wondered if the fee was the airlines' attempt to snuff small competitors such as DayJet, which provides on-demand, point-to-point air taxi services.

Fuel taxes will also be under consideration in the Senate Finance Committee. "That committee also has a say on the FAA funding bill. That's where the taxes on aviation will actually be set," said Boyer.

The House will be writing its version of FAA funding legislation.

"While we know that Transportation Committee Chairman Rep. James Oberstar (D-Minn.) and many members of the committee are strongly opposed to user fees, aviation taxes and fees will ultimately be determined by the House Ways and Means Committee," said Boyer.

And legislation can be amended or changed at any point as it moves through Congress.

"We're still very much in the fight," said Boyer. "And our politically active members have sent a clear message to Congress: no user fees for any segment of aviation. Period."

Remember These Names... On Both Sides

AOPA notes 11 members of the Commerce Committee deserve special recognition from pilots for their tremendous work in supporting the fight against user fees. First of all, Sens. Bill Nelson (D-FL) and John Sununu (R-NH) stepped forward to sponsor the amendment. Sens. Byron Dorgan (D-ND), Mark Pryor (D-AR), Tom Carper (D-DE), Kay Bailey Hutchison (R-TX), Olympia J. Snowe (R-ME), Gordon Smith (R-OR), John Ensign (R-NV), Jim DeMint (R-SC), and David Vitter (R-LA) all supported the amendment.

On the other side, there were 12 senators who supported user fees: Sens. John D. Rockefeller (D-WV), Trent Lott (R-MS), Ted Stevens (R-AK), Daniel K. Inouye (D-HI), John F. Kerry (D-MA), Barbara Boxer (D-CA), Maria Cantwell (D-WA), Frank R. Lautenberg (D-NJ), Claire C. McCaskill (D-MO), Amy Klobuchar (D-MN), John McCain (R-AZ), and John Thune (R-SD)

FMI: www.aopa.org