Conference Committee Must Try Again To Resolve Differences Between House And Senate Versions

The U.S. House of Representatives passed H.R. 658, the FAA Reauthorization Act of 2011 Friday morning. The legislative process now moves to conference to resolve differences between H.R. 658 and S. 223, the U.S. Senate's FAA reauthorization bill. The committee has not had much luck merging the two bills in the recent past.

The bill as it cleared the house contains some $4 billion in spending cuts on aviation. The Senate bill includes an increase in aviation spending favored by the Obama administration, which many see as critical to the deployment of NextGen. The Wall Street Journal reports that the bill also repeals a rule recently passed by the National Mediation Board which would change the way union votes are counted. The NMB rule made is so that a union only needed to be approved by a majority of the number of votes cast, rather than a majority of the entire work force. In the past, non-votes were counted as "no" votes. President Obama has said he would veto any FAA bill that included spending cuts or labor language.

But with its focus on other issues, NATA praised the passage of the bill. "I applaud Chairmen Mica and Petri, as well as Ranking Members Rahall and Costello, on leading this bill to passage in the House," stated NATA President James K. Coyne. "H.R. 658 contains a number of NATA-supported provisions that will improve aviation safety and address the needs of the association's membership."

Among the 33 amendments offered during Floor discussion Thursday, U.S. Representative Robert Woodall (R-GA) successfully offered an amendment that would prohibit the FAA from finalizing a Notice of Proposed Interpretation to revise existing Part 135 interpretations that permit flight crews to extend their duty day when unexpected circumstances beyond their control occur. The amendment was agreed to by unanimous consent.

"We greatly appreciate the efforts made by Congressman Woodall in leading the effort to block this unnecessary Notice of Proposed Interpretation," commented Coyne. "NATA, in comments submitted earlier this year, highlighted its concerns with the FAA's rejection of prior interpretations and the agency's effort to apply Part 121 interpretations to Part 135. The association continues to advocate that the FAA should conduct a full re-write of the existing Part 135 flight, duty and rest rules to effect changes in how crew duty is assigned and managed rather than resort to manipulation of the issue via legal interpretations."

Congressman John Duncan, Jr. (R-TN), a senior member of the House Committee on Transportation and Infrastructure, also took to the House Floor, on behalf of the association, to address his growing concern with airports competing against private businesses. Duncan highlighted the need for government not to compete against private businesses, including fixed based operators. Duncan has received a commitment from House Transportation leaders to convene a series of meetings on the subject to address this important NATA issue.

"NATA thanks Congressman Duncan for leading the effort to address governmental entities, including airports, competing against private sector businesses such as FBOs and airline services companies," Coyne (pictured) stated.

The association also supported an amendment offered by Congressman Bill Shuster (R-PA) that would require the FAA to recognize that the aviation industry is composed of a variety of different segments with different operating characteristics and that would direct that the agency tailor its regulations to address the unique characteristics of each industry segment. The amendment also requires the FAA to conduct appropriate cost/benefit studies on all proposed regulations and only enact regulations upon a finding that the costs are justified by the benefits. The association joined with other groups in a letter of support for the amendment. The amendment passed by a vote of 214-209.

NATA also joined an industry effort opposing an amendment offered by Congressman Adam Schiff (D-CA) that would impose a nighttime ban on all aircraft operations at both the Burbank (BUR) and Van Nuys (VNY), California airports. The Schiff amendment was defeated by a vote of 243-178.
"As the process now moves to conference, I strongly encourage House and Senate leaders to resolve differences between the two bills within the current 60-day extension so the aviation industry can finally have a long-term measure," Coyne concluded.

 The NBAA also applauded the passage of the measure, which it says will ensure continued progress on modernizing the nation's aviation system. "We commend the House for this action to strengthen our nation's aviation system by approving this FAA reauthorization measure," NBAA president and CEO Ed Bolen said. "The aviation community has long said that full Congressional passage of a reauthorization bill will help the FAA develop its long-term modernization plans, and the passage of the House bill is an important step in that direction."

Earlier this month, NBAA was among 33 aviation organizations and companies that sent a joint letter to House leaders urging swift passage of H.R. 658. The letter notes, "H.R. 658 contains many provisions important to the aviation community, including strengthening the ability of FAA to implement the procedures, policies, and technology necessary for the success of NextGen."
Bolen noted that the House FAA reauthorization package includes language to preserve the Block Aircraft Registration Request (BARR) program. The language was welcomed by NBAA earlier this week, when it was officially included in the manager's amendment for the FAA bill.

"Through this bill, the House underscores the importance of the BARR program, having identified its preservation among the priorities for the FAA reauthorization package," Bolen said. "We are pleased that this FAA bill reflects our industry's concern on this issue, and others, including the need to accelerate progress toward a 'NextGen' aviation system, expanding system capacity, enhancing safety and further reducing the industry's environmental footprint. As the House and Senate convene to reconcile the two reauthorization measures, we urge conferees to complete a multi-year reauthorization as soon as possible."

FMI: www.house.gov, www.nata.aero, www.nbaa.org