HOUSE AND SENATE LEADERS PRESENT FAA REAUTHORIZATION ACT
July 3, 2017
On June 22, 2017, both the House of Representatives and the Senate introduced bills to reauthorize the Federal Aviation Administration (FAA). The agency’s current authorization would otherwise expire this September without action by the federal government. The most prominent issue is the privatization of Air Traffic Control (ATC), which is supported by the President. Some of the highlights of each bill are as follows:
Senate:
- Consumer Protection and Air Travel Enhancements:
- DOT will conduct and report on a study of in-cabin wheelchair restraint systems within two years of the date of passage of the bill.
- The Secretary will also establish an “Advisory Committee on the Air Travel Needs of Passengers with Disabilities.”
- The bill includes a requirement for DOT to review airline policies for traveling during pregnancy and, if appropriate, require air carriers to offer advance boarding to such passengers requesting assistance.
- Implements new delayed and damaged baggage reporting requirements for wheelchairs and mobility devices like scooters.
- By requiring a review of training and best practices by airports.
- Elimination of Limitation on Compensation for Involuntary Denied Boarding: Requires that within a year of the passage of the bill, the Department of Transportation (DOT) will review applicable laws that limit compensation that may be provided to a passenger who is denied boarding involuntarily.
- Protect Passengers from the Involuntary Denied Boarding Process: By prohibiting an air carrier (defined in the bill as a domestic or foreign air carrier) from denying boarding to a revenue passenger once he/she has been approved by the gate attendant to board unless the passenger poses a safety, security, or health risk to other passengers or engages in abusive or unlawful behavior. It also eliminates the dollar amount limitation on involuntary denied boarding compensation and requires that passenger receive information on their overbooking rights.
- Advisory Committee for Aviation Consumer Protection (ACACP) is extended from September 30, 2017 to September 30, 2021. ACACP is an advisory body to the Department that is responsible for evaluating the Department’s aviation consumer protection programs and recommending such new programs as may be needed. The ACACP was originally mandated by the FAA Modernization and Reform Act of 2012.
- Refunds for Fees Not Honored by a Covered Air Carrier: Within one year, requires the Secretary of DOT must promulgate regulations that require each covered air carrier to promptly provide an automated refund to a passenger of any ancillary fees paid for services related to air travel that the passenger does not receive, including on the passenger’s scheduled flight, on a subsequent replacement itinerary if there has been a rescheduling, or for a flight not taken by the passenger.
- Disclosure of Fees to Passengers: Within one year, the Secretary of DOT must to promulgate regulations that require each covered air carrier to disclose to a consumer the baggage fee, cancellation fee, change fee, ticketing fee, and seat selection fee of that covered air carrier in a standardized format.
- Seat Assignments: Within 15 months of the passage of the bill, the Secretary of DOT must complete such actions as may be necessary to require each covered air carrier and ticket agent to disclose to a consumer that seat selection for which a fee is charged is an optional service, and that if a consumer does not pay for a seat assignment, a seat will be assigned to the consumer from available inventory.
- Consumer Complaint Process Improvement: DOT rules will requires each air carrier, foreign air carrier, and ticket agent to inform consumers of a carrier service, at the point of sale, that the consumer can file a complaint about that service with the carrier and with the Aviation Consumer Protection Division of DOT. Further, the same entities will be required to include on their website or other electronic service an active link and the email address, telephone number, and mailing address of the air carrier, foreign air carrier, or ticket agent, as applicable, for a consumer to submit a complaint to the carrier about the quality of service; notice that the consumer can file a com-plaint with the Aviation Consumer Protection Division; and an active link to the Internet Web site of the Aviation Consumer Protection Division.
- Online Access to Aviation Consumer Protection Information: No later than 180 days after the date of enactment, the Secretary of DOT will complete an evaluation of the aviation consumer protection portion of DOT’s public Internet Web site to identify any changes to the user interface that will improve usability, accessibility, consumer satisfaction, and website performance.
- Enhance the Travel Experience of Passengers with Disabilities:
- Check-in and Seat Fees: Requires airlines to provide notice, when passengers buy a ticket and at the time of check-in, that seating fees are optional and seats will be assigned free of charge prior to departure.
- Dimensions for Passenger Seats: Requires the Administrator of the FAA to initiate a proceeding to study the minimum seat pitch for passenger seats on aircraft operated by domestic air carriers.
- Delay and Cancellation Reporting: Directs DOT to review how airlines provide information on decisions to delay or cancel flights that may be fully or only partially due to weather-related causes.
- Ancillary Services Refunds: Requires airlines to promptly return fees for ancillary services purchased, but not received (such a seat assignments, early boarding and carry-on luggage).
- Air Traffic Control: The bill focuses on implementing recommendations made by independent government stakeholders to ensure a transition to a satellite-based next generation ATC system. It will require that all ATC candidates receive an in-person interview with the FAA before being approved for hire. It also follows up on recommendations made by the DOT Office of the Inspector General and GAO to improve NextGen transition management, mitigating risks to NextGen interoperability with foreign countries, and assess NextGen acquisition practices.
- General Aviation Safety: provides General Aviation airports more flexibility to facilitate infrastructure investment, applies the same medical certificate requirements to air balloon operators as other licensed pilots, and expands the rights of pilots in FAA enforcement proceedings.
- Lithium Ion Battery Transport: The bill includes new requirements on the bulk transfer of lithium batteries. Not later than 90 days after the date of enactment of passage of the bill, the DOT shall conform U.S. regulations on the air transport of lithium cells and batteries with the lithium cells in the 2015–2016 edition of the International Civil Aviation Organization’s (ICAO) Technical Instructions (to include all addenda) including the revised standards adopted by ICAO which became effective on April 1, 2016.
- Annual Report: Requires FAA to submit to Congress an annual report on its oversight of scheduled air carriers.
- Drone Safety: Addresses safety and privacy issues, criminalizes reckless drone behavior around manned aircraft and runways, authorizes FAA drone registration authority, and boosts enforcement while creating new opportunities for testing and promoting innovative uses.
- Aircraft Certifications and Reforms: Seeks to improve international competitiveness of U.S. aerospace manufacturing by improving the FAA’s processes for certifying aircraft designs and modifications, as well as ensuring the benefits of such certification processes for manufacturers competing in global markets.
House of Representatives:
- Air Traffic Control: The highlight and major change introduced in the House bill is a push to move the Air Traffic Control (ATC) system away from the government and into a non-profit federally chartered corporation. Under this proposal the board of directors of the proposed ATC corporation would consist of 13 members represented by one member each from large, regional and cargo carriers; one member from business aircraft interests; one from general aviation interests; one from air traffic controllers; one from airline pilots; and airports, among others. There would be two “at-large” directors chosen by the 11 other members.
- Consumer Protection:
- Repeal of Full-Fare Advertising Rule: The full-fare advertising rule implemented by DOT in 2012 which requires that airlines, packagers and travel agents to post total ticket prices, including taxes and fees, in print and online advertising, would be repealed. The bill includes a provision that allows airlines and ticket agents to post base fares on websites and in advertisements, so long as other costs are separately disclosed.
- Prohibit Certain Cell Phone Voice Communications: The bill would prohibit a passenger from engaging in voice communications using a telephone or tablet during scheduled passenger operations.
- Protect Passengers from the Involuntary Denied Boarding Process: Declare involuntary denied boarding to be an “unfair and deceptive practice” under DOT rules. Airlines cannot remove a passenger if he or she is traveling on a confirmed reservation and is checked in for the flight prior to any deadline. The bill also eliminates maximum levels of compensation for passengers who are involuntarily denied boarding while also establishing a minimum level of compensation for the same, as determined by DOT.
- Consumer Complaints Hotline: Requires the Secretary to periodically assess whether other forms of communications (like mobile phone apps) are a viable new means for passengers to communicate complaints.
- Communicate Widespread Disruptions: Foreign and domestic air carriers must immediately publish a clear statement indicating the cause for a passenger’s disrupted travel plans and that the air carrier will provide certain services and make arrangements to ensure the passenger can continue on his or her journey.
- Advisory Committee for Aviation Consumer Protection (ACACP) is extended from September 30, 2017 to September 30, 2023.
- Improved Notification of Insecticide Use: Requires domestic and foreign carriers to disclose on their own internet site or through another means that the destination country may require to treat the passenger cabin with insecticides prior to flight.
- Enhance the Travel Experience of Passengers with Disabilities:
- The Secretary will establish a “Select Subcommittee for Aviation Consumers with Disabilities” to, among other things, identify the disability-related access barriers encountered by passengers with disabilities and recommend consumer protection improvements related to the air travel experience of passengers with disabilities.
- DOT will conduct and report on a study of in-cabin wheelchair restraint systems within two years of the date of passage of the bill.
- Streamline FAA Certification Process: The bill would make the FAA certification process for aircraft and aviation products more efficient to help manufacturers bring products to market on time, and it would promote innovation and new aviation technologies that improve safety and efficiency.
- FAA Aviation Rulemaking Committee: Separately, the bill calls for the creation of an FAA Aviation Rulemaking Committee to revise flight duty and rest guidelines for Part 135 carriers based on scientific study and similar regulations for commercial airline pilots. The current duty and rest guidance for on-demand operators was last updated in the late 1950s.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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