2016 FAA REAUTHORIZATION ACT PASSES HOUSE TRANSPORTATION AND INFRASTRUCTURE COMMITTEE
February 29, 2016
On February 3, 2016 House Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) and Aviation Subcommittee Chairman Frank LoBiondo (R-NJ) introduced the Aviation Innovation, Reform, and Reauthorization (AIRR) Act, a bill reauthorizing the Federal Aviation Administration (FAA) to continue federal aviation regulatory oversight until February 2022. The bill was approved by the House Committee on Transportation and Infrastructure on February 11, 2016. Should the AIRR Act be debated and approved by the House of Representatives, it will then go to the Senate for approval and to President Obama for signature. Legislators have until March 31, 2016 to decide on the bill before FAA funding expires. The AIRR Act addresses numerous aviation issues including:
Air Traffic Control Corporation
H.R. 4441 seeks to establish an independent, not-for-profit corporation outside of the federal government to provide air traffic control services in the United States. The federally charted air traffic control corporation would be governed by an 11 member board comprised of representatives from airlines, controllers, general aviation and others representing the aviation system’s users and the public interest.
Amendments to Certification Process
The bill also would streamline the FAA’s aviation equipment and aircraft certification processes. Specifically, it would, among other topics, address aircraft certification performance objectives and metrics, streamline the certification process of small general aviation aircraft, revamp flight standards performance objective and metrics, and promote U.S. aerospace standards, products, and service abroad.
Consumer Protections
The AIRR Act would address the following consumer protection issues:
- Baggage Fee Refunds – Would mandate that carriers refund baggage fees anytime a bag fails to arrive with the passenger and must be delivered after the fact.
- Cell Phone Use – As currently drafted, the bill would prohibit en route cell phone use but permit texting and internet use.
- Notifications to Consumers – Would require carriers to provide explicit notification of three scenarios that could result in passenger compensation (lost/delayed luggage, denied boarding (bumping), and delays on flights to and from Europe).
- Advisory Committee for Aviation Consumer Protection – The current bill would reauthorize the Advisory Committee for Aviation Consumer Protections for another six years.
- DOT Smartphone Application – The bill supports a smartphone interface proposed by Traveler’s United which will make filing of complaints easier.
- Nursing Rooms at Airports – Under the bill, airports would be required to provide dedicated nursing areas for mothers.
Unmanned Aircraft Systems
Finally, the AIRR Act would provide more tools for the safe integration of unmanned aircraft systems into the National Airspace System. Of the specific changes to UAS regulation, the AIRR Act seeks to implement a streamlined permitting process for public and commercial UAS operators, and utilization of “sense and avoid technology” to alleviate UAS safety concerns. It also seeks to address privacy issues as they relate to UAS, and relax the FAA’s previous outright prohibition against civilian operations of UAS weighing less than 55 pounds within 30 miles of Washington D.C. Lastly, the AIRR Act seeks to require all commercial operators of UAS to register and appropriately mark their aircraft, unless operating pursuant to an exception to UAS registration requirements.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).