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Managing America: Transportation

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Week Ending May 22, 2009

H.R.915  To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2009 through 2012, to improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes.

This bill reappears every four years for reauthorization. Appropriations for the FAA are reauthorized for FY 2009 through 2012. The spending will be for airport planning and development and noise compatibility programs, air navigation facilities and equipment, FAA administrative operations, and FAA research, engineering and development.

Passenger facility charges are authorized to be increased to finance airport-related projects. The current $4.50 per person cap is raised to $7.00 with the expectation of bringing in $1.3 billion per year. Included in those projects are bicycle storage facilities and intermodal ground access pilot projects. The bill specifies which FAA services can charge for user fees and the rulemaking for adjustment of overflight fees is required.

The bill looks to the future with a report on the program and schedule for integrating the automatic dependent surveillance-broadcast technology in the national airspace system.

A NextGen research and development center of excellence is established.

Additional funds are allotted for airport security and the FAA Administrator is directed to develop a strategic runway safety plan, standards for the occupational safety and health of flight attendants, a pilot program to provide surveillance for aircraft flying outside of radar coverage in mountainous areas and a review of off-airport, low-altitude aircraft weather observation technologies. A plan is to be developed that would integrate commerical, unmanned aircraft systems into the national airspace system. FAA is directed to increase the number of aviation safety inspectors in the Flight Standards Service, assess safety training and establish an FAA task force on Air Traffic Control Facility Conditions.

The bill requires airlines and airports to have emergency contingency plans in place and detail how they will allow passengers to deplane following excessive delays. There are civil penalties if the plans are not followed.
 

The Secretary is authorized to provide insurance and reinsurance against loss or damage arising out of risk from the operation of a domestic or foreign aircraft and is further authorized to access criminal history records or databases of some federal law enforcement agencies.

The bill increases from 24 to 34 the number of slots exempt from specified requirements and prohibitions concerning operation of an aircraft nonstop in air transportation between Ronald Reagan Washington National Airport and another airport more than 1,250 statute miles away (Perimeter Rule limit).

Rural aviation and aviation consumer protection will benefit from a new office and committee, respectively as well as increased funding for small airport developments.

Use of cell phones on scheduled flights is prohibited.

CLEEN, a program to lower energy use, emission and noise from plane engines is reauthorized for ten years. Aircraft weighing over 75,000 pounds or less that do not comply with stage 3 noise levels are prohibited from being operated. The bill also provides funds for six projects at public-use airports to take "promising environmental research concepts into the airport environment to demonstrate the technology's ability to reduce aviation impacts on noise, air or water quality in the airport environment."

A research initiative is to be established that will assess the impact of aviation on the climate and, if necessary, evaluate ways to mitigate the impact.

The bill emphasizes the view of Congress on what is called Next Gen. "The Next Generation Air Transportation 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."

The bill provides specifically for a variety of airport projects in Alaska, Louisiana, Ohio, and Texas.

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

Vote: Passed House May 21, 2009 RC 291

Minority motion to recommit the bill with instructions

The Campbell (CA) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House forthwith with an amendment adding a new section to title IV.

On motion to recommit with instructions Failed by recorded vote: (Roll No. 290).

Cost to the taxpayers: $70 billion would allocate $16.2 billion for the Airport Improvement Program (AIP), $13.4 billion for FAA Facilities and Equipment (F&E), $38.9 billion for FAA Operations, and $1.35 billion for Research, Engineering, and Development (RE&D).

Earmark Certification:  

AMENDMENTS - HOUSE

AMENDMENTS- HOUSE

1. Oberstar (MN), Would (1) make technical corrections; (2) add a new section regarding participation of disadvantaged business enterprises in contracts, subcontracts, and business opportunities funded using passenger facility revenues and in airport concessions; (3) require the FAA to hold discussions with countries that have foreign repair stations to harmonize safety standards; (4) clarify that the foreign repair station section (section 303) is an exercise of the rights of the United States under an international agreement; (5) require the FAA to conduct a rulemaking to improve the safety of flight crewmembers, medical personnel, and passengers aboard helicopters providing air ambulance services under federal regulations; (6) establish within the FAA an Aviation Safety Whistleblower Office to assess and investigate complaints regarding aviation safety; (7) clarify that passengers may not smoke in intrastate and interstate aircraft; (8) require air carriers to permit passengers to carry musical instruments under certain circumstances; (9) permit the Secretary to make grants to airport operators and units of local government for soundproofing certain buildings; (10) require the FAA to initiate research and development work on effective air cleaning and sensor technology for the engine and auxiliary power unit for bleed air supplied to the passenger cabin and flight deck; (11) require the owner or operator of a large hub airport to publish on the Internet a phone number to receive aviation noise complaints and report such complaints to the FAA; (12) authorize the Secretary to grant releases from terms of the August 28, 1973 conveyance from the United States to St. George, Utah, for airport purposes; (13) require the FAA to ensure that any air traffic control tower or facility in operation at Palm Beach International Airport after September 30, 2009, or to replace such tower or facility placed into operation before such date, includes an operating terminal radar approach control; (14) addresses the safety concerns at Santa Monica Airport.(20 minutes)
   On agreeing to the Oberstar amendment Agreed to by voice vote.
    
2. Lee, Christopher (NY)/Slaughter (NY)/Higgins (NY), Would require GAO, within 3 months of enactment, to initiate a study into commercial airline pilot training and certification programs.  The GAO shall submit the report to Congress within 12 months of the study's initiation. (10 minutes)
   On agreeing to the Lee (NY) amendment Agreed to by voice vote.
    
3. Richardson (CA), Would require the Transportation Secretary, within 180 days of enactment, to issue regulations to require each air carrier to provide each of its passengers an option to receive a text message (or other comparable electronic service), subject to any fees applicable under the contract of the passenger for the electronic service, from the air carrier consisting of a notification of any change in the status of the flight of such passenger prior to boarding.  This would only apply to air carriers that earn at least one-percent of the domestic passenger service revenue. (10 minutes)
   On agreeing to the Richardson amendment Agreed to by voice vote.
    
4. Burgess (TX), Would express the sense of Congress that FAA whistleblowers be granted the full protection of the law. (10 minutes)
   On agreeing to the Burgess amendment Agreed to by recorded vote: (Roll No. 288).
    
5. Cuellar (TX)/Ortiz (TX)/McCaul (TX), Would direct the FAA Administrator to study  the FAA radar signal locations and their impact on the development of renewable energy technologies, and to make recommendations as necessary for relocation of FAA radars and testing and deployment as needed.  (10 minutes) 
   On agreeing to the Cuellar amendment as modified Agreed to by voice vote.
    
6. McCaul (TX), Would prohibit authorized funds from being used to name a project or program for an individual then serving as a Member, Delegate, Resident Commissioner, or Senator of the United States Congress. (10 minutes)
   On agreeing to the McCaul amendment Agreed to by recorded vote: (Roll No. 289).
    
7. Murphy, Christopher (CT), Would provide that when conducting an appraisal for purchase or property under the Airport Improvement Program, the appraisal must not consider either the increased or decreased value of the property due to the property's inclusion in a potential project. (10 minutes) 
   On agreeing to the Murphy (CT) amendment Agreed to by voice vote.
    
8. Cassidy (LA), Would amend section 417 (review of air carrier flight delays, cancellations, and associated causes) so that the Inspector General study includes the effect that limited air carrier service operations on routes have on the frequency of delays and cancellations on such routes. (10 minutes)
   On agreeing to the Cassidy amendment Agreed to by voice vote.
    
9. Kilroy (OH), Would require the GAO to study, within one year of enactment, the effectiveness of FAA oversight activities related to preventing or mitigating the effects of dense continuous smoke in the cockpit of commercial aircraft., (10 minutes)
   On agreeing to the Kilroy amendment Agreed to by voice vote.
    
10. Frelinghuysen (NJ), Would require the FAA to study the proposed New York/New Jersey/Philadelphia Class B modification design change.  The study shall determine the effect of the change on the environment, with an emphasis on airplane noise.  The study shall state whether the change was considered in conjunction with the New York/New Jersey/Philadelphia Airspace Redesign. (10 minutes) 
    By unanimous consent, the Frelinghuysen amendment was withdrawn.
     
11. Lowey (NY)/Engel (NY)/Hall, John (NY), Would direct the FAA to initiate a rulemaking process to determine the authorization of Westchester County Airport to reinstate limits on overnight aircraft operations. (10 minutes)
    On agreeing to the Lowey amendment Agreed to by voice vote.
     
12. Ackerman (NY)/Crowley (NY), Would provide that Congress finds the FAA did not follow FAA policy statements in determining whether the proposed College Point Marine Transfer Station in New York if constructed would constitute a hazard to air navigation. It also would require the FAA Administrator to take such actions as may be necessary to designate the proposed College Point Marine Transfer Station in New York City, New York, as a hazard to air navigation. (10 minutes)
    On agreeing to the Ackerman amendment Agreed to by voice vote.

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