[Congressional Record Volume 140, Number 148 (Wednesday, November 30, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: November 30, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                   COMMUTER AIRLINE SAFETY STANDARDS

                                 ______


                         HON. JAMES L. OBERSTAR

                              of minnesota

                    in the house of representatives

                       Tuesday, November 29, 1994

  Mr. OBERSTAR. Mr. Speaker, today I am introducing legislation to 
require that the same standards apply to small commuter type airline 
operations as apply to large airline operators. Under current Federal 
Aviation Administration regulations, commercial operations on aircraft 
with 30 seats or less are subject to lower standards--part 135 of the 
Federal Air Regulations--than govern operations with more than 30 
seats--part 121.
  As the importance of commuter operations has grown, the travelling 
public has come to expect one standard, the higher one, for all 
scheduled operations. Approximately 10 percent of the air travel in 
this country--50 million annual boardings--are on less-than-30-seat 
aircraft. Through commercial, marketing and ownership arrangements with 
the large airlines, the smaller ones very often fly with the livery and 
colors of the larger carriers. The travelling public has come to 
believe that the ``Express'' carrier of a major airline is part and 
parcel of the major airline. While that may truly be the case, the 
public would be very incorrect to assume that the same standard of 
safety applies.
  Hearings by the Subcommittee on Aviation last February received 
expert testimony from the National Transportation Safety Board, the 
FAA, pilots, dispatchers, and representatives of the commuter airline 
industry that indicate that there are important differences between 
part 135 and 121 regulations and standards that need not exist. Some of 
the Significant areas of differences are: Recurrent pilot training for 
part 135 is much less than it is for part 121; pilots under part 135 
have less stringent flight time and rest requirements; part 135 
carriers are not required to have a flight dispatch system for 
maintaining operational control over aircraft and flights; there are 
also equipment differences among which are that part 135 carriers are 
not required to carry windshear warning and detection systems. 
Collision avoidance equipment requirements are also different; and, 
flight attendants are not required on aircraft with 19 or fewer seats.
  At those subcommittee hearings, FAA Administrator David R. Hinson 
committed to take a variety of actions on pilot training, flight time 
and rest requirements, and dispatching systems for commuter airlines. 
While Administrator Hinson's commitments were genuine and sincere, the 
bureaucratic process and analysis required to upgrade these rules is 
bogging down and the upgraded standards for commuters remain a long 
time coming.
  Generally, it takes at least 2 years for the agency to make a 
proposal for a regulatory change and then another year, often more, to 
issue a rule. There then follows a period of time for airlines to bring 
themselves into compliance.
  I recognize that in a field as complex as commercial aviation, there 
are regulatory issues that take a lengthy period of time to sort 
through, particularly if there are disagreement on the correct approach 
within the industry or the FAA. But I believe a consensus has now 
developed to upgrade the part 135 standards, and the normal lengthy 
bureaucratic process is simply not needed.
  The subcommittee hearings on commuter airline safety standards 
earlier this year showed that steps could and should be taken to 
harmonize the two standards. Since then, the National Transportation 
Safety Board has issued a comprehensive study of the commuter airline 
industry which recommended an upgrading of part 135 to part 121 
standards in all areas possible. The FAA has publicly stated that it 
agrees with the recommendation, and the Regional Airline Association, 
the trade association representing the small commercial operators has 
stated that they believe the NTSB recommendations should be implemented 
and that they stand ready to work toward this end. I commend both the 
agency and the industry for their positive approach to these 
recommendations.

  But again, if we let the normal process play itself out, even with 
this consensus, results in many cases will be years in coming. The bill 
I am introducing today will require that the FAA issue rules that apply 
a minimum standard of safety for all scheduled operations aircraft with 
nine passengers seats or more by March 1, 1996.
  When these regulatory changes are made, there will be safety 
benefits. With these changes, the commuter airline safety record will 
improve and become more equivalent to the large aircraft operators. The 
safety record of the part 135 scheduled operators has made tremendous 
improvements since the large 1970's, and when I am asked, which is 
frequently, about the safety of commuters, I tell people that they are 
safe to fly and people should not be apprehensive.
  But the fact remains that there are two different standards that 
result, in many ways, in the levels of safety being significantly 
different as evidenced by their respective accident rates.
  The commuter industry which is, and will increasingly be, an 
important and integral part of our air transportation system needs to 
be regulated under the more sophisticated standards.
  I want to note that Thursday is the anniversary of a commuter airline 
accident in Hibbing, MN, of my congressional district, in which 18 
people perished. Had this operation been regulated to the higher part 
121 standard, this accident would likely not have occurred.
  I am introducing this bill, so discussions within the aviation 
community and the FAA can begin and become focused before the 104th 
Congress convenes in January. I would urge the new Republican 
leadership of the Congress and the Committee on Public Works and 
Transportation to move expeditiously to enact this legislation as it is 
in the interests of the safety of the traveling public. I look forward 
to working with the Republican leaders to accomplish that end. I will 
reintroduce this bill at the start of the 104th Congress. If our 
colleagues would like to cosponsor this legislation, please have your 
office contact the Subcommittee on Aviation office at x59161.

                          ____________________