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."