FAA REAUTHORIZATION ACT UP FOR APPROVAL BY U.S. SENATE
June 1, 2018
On April 13, 2018, the FAA Reauthorization Act of 2018 (the Act, or H.R. 4), was introduced in Congress. The Act is sponsored by Pennsylvania’s Bill Shuster and if passed, will have far-reaching impacts across numerous sectors of the aviation industry. Of particular note to our readers are proposed “Air Service Improvements” which address a number of consumer related issues. Specifically, the Act would:
- Roll back the U.S. Department of Transportation’s (DOT or the Department) “Full Fare Advertising Rule” to allow carriers to advertise base prices separately from government taxes and fees;
- Prohibit involuntary bumping of passengers once they have already boarded the plane and require DOT to clarify current regulations regarding compensation offered in instances of involuntary denied boarding. The Act would also remove maximum amounts of Denied Boarding Compensation (DBC) payable, and require carriers to proactively pay DBC instead of waiting for the passenger to request it;
- Direct DOT to conduct a rulemaking proceeding to develop minimum standards for the carriage of emotional support and service animals;
- Prohibit the use of cells phones and mobile devices for voice communications while an aircraft is in-flight;
- Require review of best practices and studies on how to improve overall travel experience (including the establishment of a Select Subcommittee for Aviation Consumers with Disabilities);
- Establish an advisory committee to make recommendations on consumer protections and improve the process of filing complaints;
- Require DOT to develop an “Airline Passengers with Disabilities Bill of Rights” that describes rights and obligations of passengers and airlines in carriage of passengers with disabilities. This Bill of Rights would have to be displayed on carrier websites and mentioned in notifications to passengers;
- Require carriers to submit plans to DOT to ensure applicable training is being conducted regarding Airline Passengers with Disabilities Bill of Rights;
- Increase maximum penalty (three times the current minimum amount, to $96,420) for injury to passengers with disabilities or damage to passenger wheelchairs/mobility aids;
- Require DOT to examine and possibly amend regulations related to airline training programs for addressing needs of passenger with disabilities;
- Amend the existing non-smoking law to apply to e-cigarettes;
- Require large ticket agents to adopt minimum customer service standards; and
- Require DOT to issue regulations establishing minimum seat dimension standards on passenger aircraft.
H.R. 4 also addresses numerous issues including but not limited to the funding of FAA programs, Passenger Facility Charge modernization, Airport Improvement Program modifications, Airport Noise and Environmental streamlining, reforms to aircraft certification procedures and flight standards, Safety and Unmanned Aircraft Systems, and disaster relief. To address some of these issues, the Act would:
- Remove certain restrictions on PFCs, thereby allowing airports to more effectively finance infrastructure projects;
- Establish processes for the acceleration of implementing a low-altitude unmanned aircraft system traffic management system, and the streamlined deployment of commercial UAS via a risk-based permitting process;
- Improve aircraft certification process through the establishment of a Safety Oversight and Certification Advisory Committee to provide advice on safety certification issues, as well as oversight programs and activities; and
- Promote the establishment of a Lithium Ion Battery Safety Advisory Committee.
DOT sent a letter to the Ranking Member of the Senate Committee on Commerce, Science, and Transportation outlining several of the Department’s concerns regarding various consumer protection requirements in the legislation. “As the Senate moves forward with consideration of aviation reauthorization, we strongly encourage that it be mindful of the Administration’s commitment to reduce and streamline the regulatory burden, and minimize the administrative burden on the Department that otherwise diverts resources away from important aviation programs such as aviation safety,” wrote DOT Deputy General Counsel James Owens in the letter.
The Act passed in the U.S. House of Representatives on April 27, 2018, and will go to the Senate next for consideration. Assuming it passes in the Senate, it will move on to President Trump for signature.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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