[Congressional Record Volume 141, Number 71 (Tuesday, May 2, 1995)]
[Extensions of Remarks]
[Page E913]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


              INTRODUCTION OF COMMUTER AIRPORT SAFETY BILL

                                 ______


                         HON. JAMES L. OBERSTAR

                              of minnesota

                    in the house of representatives

                          Tuesday, May 2, 1995
  Mr. OBERSTAR. Mr. Speaker, today I am introducing legislation, 
submitted by the administration, to give authority to the Federal 
Aviation Administration to regulate airports served by commuter 
airlines.
  The legislation is part of the FAA's program to ensure that 
passengers traveling on commuter airlines--operating with aircraft of 
30 seats or less--receive the same safety protection as passengers 
traveling on airlines operating large aircraft. The administration 
began this program after hearings by the House Aviation Subcommittee in 
February 1994, the need for a uniform standard for commuter airlines 
and large aircraft operators. I strongly support a uniform standard and 
have introduced legislation in the 103d and 104th Congresses to require 
FAA to establish this standard. I am pleased that FAA has responded by 
issuing a Notice of Proposed Rule Making to raise the commuter 
standards to the large aircraft level. We will monitor FAA's progress 
on the rulemaking and ensure that they do everything possible to meet 
their target of issuing final regulations by December of this year.
  As commuter airlines have grown in importance the traveling public 
has come to expect that these airlines will be governed by the same 
safety standards as large aircraft operators. Approximately 10 percent 
of all passengers traveling on a scheduled airline now travel on a 
commuter. Since many commuters operate under the name and colors of 
major airlines--for example, as United Express--the public has the 
right to assume that the same standards will govern the commuter and 
its parent.
  While FAA can act without legislative authority to raise most of the 
standards governing commuters, FAA has no authority under existing law 
to raise the standards governing safety at airports served only by 
commuters.
  Under 49 U.S.C. section 44706, FAA has authority to issue operating 
certificates to airports served by air carriers using aircraft designed 
to carry 31 or more passengers. Under this authority FAA requires these 
airports to comply with a number of safety requirements, including 
requirements for aircraft rescue and firefighting equipment, airport 
guidance signs, airfield inspection procedures, airfield pavement 
maintenance standards, emergency plans, snow and ice control plans, and 
runway and taxiway standards. However, under existing law, FAA has no 
authority to impose these regulatory requirements on airports served 
only by aircraft of 30 or fewer seats.
  The National Transportation Safety Board has recommended that 
legislation be enacted to give FAA authority to regulate airports 
served by commuter airlines. In making this recommendation NTSB stated 
that it was:

       * * * concerned that many community airports served by 
     commuter airlines are not certificated in accordance with 
     Part 139 because of the seating capacity of the aircraft 
     serving those airports. Consequently, passengers flying into 
     and out of those airports may not be provided adequate 
     airport safety or emergency response resources.

  The administration bill which I have introduced implements the NTSB 
recommendation. I have introduced this bill because I strongly believe 
that passengers traveling on commuter airlines are entitled to the same 
level of safety as passengers traveling on major airlines. However, I 
emphasize that the legislation does not require FAA to impose exactly 
the same standards for all types of airports. There may well be cases 
in which small aircraft do not present the same safety hazard as large 
aircraft, and the law gives FAA discretion to tailor its regulatory 
requirements to the hazard. FAA has similar discretionary authority 
under existing law, and has used this authority to impose requirements 
which vary with the size of aircraft and the number of aircraft serving 
an airport. FAA has stated that if it is given the authority over 
commuter airports, it will consider fully whether different 
requirements are appropriate for these airports. FAA has asked its 
Aviation Rulemaking Advisory Committee to study the problem and to make 
recommendations on the appropriate standards for commuter airports. I 
urge ARAC to complete its assignment promptly, so that FAA will be in a 
position to issue new regulations soon after it receives the necessary 
legislative authority.


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