[Congressional Record Volume 159, Number 101 (Tuesday, July 16, 2013)]
[House]
[Pages H4492-H4494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SMALL AIRPLANE REVITALIZATION ACT OF 2013
Mr. PETRI. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 1848) to ensure that the Federal Aviation Administration advances
the safety of small airplanes, and the continued development of the
general aviation industry, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1848
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Airplane
Revitalization Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A healthy small aircraft industry is integral to
economic growth and to maintaining an effective
transportation infrastructure for communities and nations
around the world.
(2) Small aircraft comprise nearly 90 percent of FAA type
certified general aviation aircraft.
(3) General aviation provides for the cultivation of a
workforce of engineers, manufacturing and maintenance
professionals, and pilots, who secure the Nation's economic
success and defense.
(4) General aviation contributes to well-paying
manufacturing and technology jobs in the United States, and
these products are exported in great numbers, providing a
positive trade balance.
(5) Technology developed and proven in general aviation
aids in the success and safety of all sectors of aviation and
scientific competence.
(6) The average small airplane in the United States is now
40 years old and the regulatory barriers to bringing new
designs to market are resulting in a lack of innovation and
investment in small airplane design.
(7) Over the past decade, the United States has typically
lost 10,000 active private pilots per year, partially due to
a lack of cost-effective, new small airplanes.
(8) General aviation safety can be improved by modernizing
and revamping the regulations for this sector to clear the
path for technology adoption and cost-effective means to
retrofit the existing fleet with new safety technologies.
SEC. 3. FAA SAFETY AND REGULATORY IMPROVEMENTS FOR GENERAL
AVIATION.
(a) Establishment of FAA Safety and Regulatory Improvements
for General Aviation.--The Administrator shall advance the
safety and continued development of small airplanes by
reorganizing the certification requirements applicable to
small airplanes to streamline the approval of safety
advancements.
(b) Regulations.--The Administrator shall issue a final
rule based on the FAA's Part 23 Reorganization Aviation
Rulemaking Committee (established in August 2011) by December
31, 2015. The final rule shall meet the following objectives
of the Part 23 Committee:
(1) Create a regulatory regime for small airplanes that
will improve safety and decrease certification costs.
(2) Set broad, outcome-driven safety objectives that will
spur innovation and technology adoption.
(3) Replace current, prescriptive requirements contained in
FAA rules with performance-based regulations.
(4) Use FAA-accepted consensus standards to clarify how the
part 23 safety objectives may be met by specific designs and
technologies.
(c) Consensus-Based Standards.--The Administrator shall use
acceptable consensus-based standards whenever possible in the
spirit of the National Technology Transfer and Advancement
Act of 1996 (15 U.S.C. 3701 note), while continuing
traditional methods for meeting part 23.
(d) Safety Cooperation.--The Administrator shall lead the
effort to improve general aviation safety by working with
leading aviation regulators to assist them in adopting a
complementary regulatory approach for small airplanes.
SEC. 4. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Consensus standards.--The term ``consensus standards''
means standards developed by voluntary organizations which
plan, develop, establish, or coordinate voluntary standards
using agreed-upon procedures, both domestic and
international. These standards include provisions requiring
that owners of relevant intellectual property agree to make
that intellectual property available on a nondiscriminatory,
royalty-free or reasonable-royalty basis to all interested
parties. These bodies have the attributes of openness,
balance of interest, due process, an appeals process, and
consensus.
(3) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(4) General aviation.--The term ``general aviation'' means
all aviation activities other than scheduled commercial
airline operations and military aviation.
(5) Part 23.--The term ``part 23'' means part 23 of title
14, Code of Federal Regulations.
(6) Small airplane.--The term ``small airplane'' means FAA
type certificated airplanes that meet the parameters of part
23 of title 14, Code of Federal Regulations.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Petri) and the gentlewoman from Nevada (Ms. Titus) each
will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin.
General Leave
Mr. PETRI. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous materials on H.R. 1848.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. PETRI. I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1848, the Small Airplane
Revitalization Act of 2013.
I'd like to commend my colleague, Congressman Mike Pompeo, for
introducing this bill, along with Congressmen Dan Lipinski, Sam Graves,
Richard Nolan, and Todd Rokita.
I will insert into the Record a letter of support for H.R. 1848 from
the Aircraft Owners and Pilots Association, Experimental Aircraft
Association, General Aviation Manufacturers Association, National Air
Transportation Association, and National Business Aviation Association,
as well as a separate letter of support from the National Air Traffic
Controllers Association.
Mr. Speaker, we're considering H.R. 1848 today because general
aviation is vital to our country. The general aviation industry
includes nearly 600,000 pilots, employs 1.3 million people, and
contributes approximately $150 billion annually to the U.S. economy. In
fact, the general aviation industry is one of the few remaining U.S.
manufacturing industries that provide a trade surplus for the U.S., and
it has a presence in every one of our 435 Congressional districts.
However, over the last several decades, the general aviation industry
has experienced unique challenges, including a steady decline in new
pilots, flight activity, and the sale of new aircraft. In part, these
challenges are due to overly prescriptive and outdated certification
processes, which greatly increase the costs of bringing new products to
market and, ultimately, increase the costs for consumers.
The bill before us is intended to address these challenges by
streamlining the certification process for small airplanes, making it
more efficient and effective, while also protecting the important
safety oversight function of the FAA.
The goal is to improve safety at a fraction of the cost. For example,
the leading cause of fatalities in general aviation is due to ``loss of
control.'' There are several existing technologies available to
mitigate loss of control, such as an angle of attack indicator.
However, in an FAA-certified airplane, the purchase and installation of
this equipment is about $5,000; whereas, the exact same piece of
equipment in a noncertified experimental airplane is about $800. So
right now, the FAA's complicated and costly small airplane
certification process provides a disincentive to certify new airplanes
and safety equipment. This is just one example of how the Small
Airplane Revitalization Act will improve safety at a fraction of the
cost.
Mr. Speaker, I reserve the balance of my time.
AOPA, EAA, GAMA, NATA, NBAA,
July 9, 2013.
Dear Members of the House Committee on Transportation and
Infrastructure: We write in support of the Small Aircraft
Revitalization Act (H.R. 1848). We urge you
[[Page H4493]]
to support passage of the measure when it is marked up by the
House Transportation and Infrastructure Committee on
Wednesday, July 10, 2013.
H.R. 1848 directs the Federal Aviation Administration (FAA)
to modernize and revamp the regulatory structure for small,
certified aircraft--commonly referred to as Part 23
Aircraft--by December 31, 2015. This legislation will help
industry and FAA develop and adopt more effective, consensus
based compliance standards that will spur manufacturers'
investment in new aircraft designs and help put critical
lifesaving equipment into the existing fleet of airplanes.
This will improve safety and also revitalize the lighter end
of general aviation which has faced significant challenges in
recent years.
H.R. 1848 is based on the recommendations of a recently
completed FAA Aviation Rulemaking Committee (ARC). The ARC
developed these recommendations over an eighteen month period
with input from over 150 government and industry experts from
around the world. The FAA and the general aviation community
have identified implementation of these recommendations as
key to improving general aviation safety.
H.R. 1848 has broad, bipartisan support and merits
favorable consideration by members of the House
Transportation and Infrastructure Committee. Thank you in
advance for your consideration of the Small Aircraft
Revitalization Act.
Sincerely,
Aircraft Owners and Pilots Association (AOPA),
Experimental Aircraft Association (EAA), General
Aviation Manufacturers Association (GAMA), National Air
Transportation Association (NATA), National Business
Aviation Association (NBAA).
____
National Air Traffic
Controllers Association (NATCA),
Washington, DC, July 9, 2013.
Good Afternoon.
NATCA supports H.R. 1848, the Small Aircraft Revitalization
Act which is scheduled for mark up tomorrow by the House
Transportation and Infrastructure Committee. H.R. 1848 is
based on the recommendations of a recently completed Federal
Aviation Administration (FAA) Aviation Rule-making Committee
(ARC).
We support H.R. 1848 and thank you in advance for your
consideration.
Jose L. Ceballos,
Director, Government Affairs.
Ms. TITUS. I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1848, the Small Airplane
Revitalization Act of 2013. H.R. 1848 would require the Federal
Aviation Administration to update its part 23 small airplane design
regulations by December 31, 2015.
Last week, the Transportation and Infrastructure Committee ordered
H.R. 1848 reported favorably to the House by a voice vote.
In June, an FAA-chartered Part 23 Aviation Rulemaking Committee, or
ARC, submitted its comprehensive report with recommendations for
rewriting and reorganizing part 23 to the agency. Representatives from
the FAA, international regulatory agencies, aircraft manufacturers,
general aviation pilot groups, and labor unions all participated in the
ARC. Its work followed a 2009 FAA report on the Small Airplane
Certification Process and fulfilled requirements in section 312 of the
FAA reauthorization bill.
Mr. Speaker, prior to the Part 23 ARC, the agency's most recent
comprehensive review of part 23 was almost 30 years ago, in 1984. Part
23 has not kept up with the times. These regulations are prescriptive
in nature, often written to address out-of-date technologies. As a
result, they are creating cost barriers for certifying new airplanes
and retrofitting older aircraft with new safety-enhancing
modifications. The need to improve the process for retrofitting older
aircraft is particularly urgent, given the 40-year-old average age of
the U.S. general aviation fleet. Small airplane manufacturers and part
suppliers across the country are limited in their ability to innovate
with new technology because of these outdated regulations. This bill
will allow these manufacturers to innovate more quickly and bring more
safety technology online.
H.R. 1848 will fast-track the Part 23 ARC's work by requiring the FAA
to draft a new regulation that emphasizes performance-based safety
objectives. These new regulations make the retrofit of new technology
more straightforward and also remove barriers to bringing new, safer
airplane designs to market. It will help small business, and I urge
support.
I reserve the balance of my time.
Mr. PETRI. Mr. Speaker,I yield such time as he may consume to our
colleague from the Fourth District of Kansas (Mr. Pompeo).
Mr. POMPEO. Mr. Speaker, I rise today in support of the general
aviation industry and ask my fellow Members to support the Small
Aircraft Revitalization Act. This commonsense, broadly bipartisan
regulatory reform bill will spur economic growth, improve aviation
safety, and help strengthen the health of the lighter, entry-level
segment of the industry.
Mr. Speaker, there is no better reason to support this legislation
than it saves lives and improves lives. Think about that. We can do
both in one fell swoop.
Let's first talk about how the bill improves lives. I represent
Wichita, Kansas. It is the Air Capital of the World. It is home to
Cessna and Learjet and Beechcraft and dozens and dozens and dozens of
suppliers to those great aviation businesses with such great aviation
histories. It's the home of the National Institute for Aviation
Research and the National Center for Aviation Training.
There are engineers, machinists, researchers, flight instructors,
fixed base operators, among others, that all depend on a healthy
general aviation industry. And then there are the operators in the
industry and general aviation. This vital productivity tool for both
small and large companies is critically important.
Sixteen years ago, I joined the Kansas general aviation industry,
building a business with three of my colleagues, founding a company
called Thayer Aerospace, a machine shop in Wichita, Kansas. We made
parts for the thriving aircraft industry, but the downturn in 2008 was
a tremendous blow to Wichita, in particular, and general aviation, more
generally. We experienced thousands and thousands of layoffs and
dramatic downsizing all across the region. The downturn exacerbated the
unique challenges that the lighter, entry-level segment of general
aviation had been experiencing over the past several decades.
Today, the average general aviation airplane is 40 years old. That
means most of the new aircraft were built in the 1960s and 1970s, with
designs of that same vintage. Current general aviation production
represents less than 2 percent of the existing fleet.
We've had an over 10,000-person-per-year decline in active private
pilots over this last decade. The steady decline in new pilots, flight
activity, and the sales of new small general aviation airplanes that
result from that are indicators of significant problems in the
industry.
To tackle this problem, this bill, the Small Aircraft Revitalization
Act, requires the FAA to implement the FAA's part 23 certification
process and modernize it no later than 2015. The FAA Part 23
Reorganization Aviation Rulemaking Committee (ARC), composed of
aviation authorities and industry representatives from around the
world, has worked over the last 18 months to create a regulatory
environment that will contribute to revitalizing the health and safety
of new and existing airplanes.
These changes will remove lots and lots of barriers and it will
improve lives. Let me tell you how it will save lives.
The gentleman from Wisconsin talked about safety and innovation being
retarded by the absence of a streamlined regulatory process. He spoke
of this example of ``loss of control.'' That creates more than three
times the cause of aviation accidents than any other single cause.
Since the dawn of aviation, we've taught pilots how to avoid that;
but because they remain a significant safety problem, there's
tremendous interest in technology and interventions to resolve it. And
yet today's part 23 makes that more difficult. By putting these
technologies into the new and existing fleet, it's widely believed that
the safety of light general aviation aircraft could see dramatic
improvements.
We need to cut this red tape. It will create savings for sure, but,
more importantly, it will save lives. This is a commonsense and
important reform.
America's general aviation industry is not asking for a single
handout, not one subsidy. It's simply asking for a streamlined set of
regulations that will permit them to get their airplanes, their designs
to market more quickly, and still doing so safely.
I want to thank Chairman Shuster and Chairman LoBiondo for their
support, and my original cosponsors, Mr.
[[Page H4494]]
Nolan, Mr. Lipinski, Mr. Graves of Missouri, and Mr. Rokita, and all
the folks of the Transportation and Infrastructure Committee on both
sides of the aisle that have allowed this bill to get this far and make
it to the floor.
I urge support of all of my colleagues this evening and hope we'll
have a unanimous vote on behalf of this bill.
Ms. TITUS. Mr. Speaker, I yield 3 minutes to the gentleman from
Minnesota (Mr. Nolan).
(Mr. NOLAN asked and was given permission to revise and extend his
remarks.)
Mr. NOLAN. Mr. Speaker, first I'd like to thank Representative Pompeo
for sponsoring this important legislation. And of course, thanks to our
Chairman Shuster and Ranking Member Rahall and to both my Democratic
and Republican colleagues on the committee for bringing this Small
Aircraft Revitalization Act to the floor of the Congress in such an
expeditious and bipartisan manner.
Mr. Speaker, by streamlining and modernizing the rules and
regulations that govern our small aircraft industry, we'll be
encouraging the investment necessary to generate thousands of new
American jobs.
{time} 1715
What this legislation does, in effect, is put together a regulatory
regime that will be specifically tailored for the small aircraft
industry that will allow the industry to develop performance and
outcome-based ways of achieving important safety standards. It allows
them to put together consensus regulations that are developed by
industry, government regulators, and private nonprofit associations,
and enables the industry to unleash technologies of the future,
creating jobs.
I'm so proud of Cirrus Aircraft in my district in Duluth, Minnesota.
They've developed a parachute that is attached to the airplane and,
like a skydiver, if the airplane stalls in the sky, you can pull a
ripcord and parachute the plane down to safety.
These are the kinds of technologies that have the potential to be
released through this legislation. What it does, in short, is enable
the designers, engineers, manufacturers, creators, and skilled workers
to release all their brilliance, creating the best, safest airplane
technologies going forward into the future.
So I applaud the committee and my colleagues in Congress for bringing
this forward in such an expeditious manner, and I strongly urge all my
colleagues to support this important piece of legislation.
Mr. PETRI. Mr. Speaker, I yield such time as he may consume to the
gentleman from the 25th District of Texas, Representative Roger
Williams.
Mr. WILLIAMS. Mr. Speaker, the general aviation industry is a vital
part of the economy in Texas' 25th District. Between the Dallas/Fort
Worth International Airport and Austin-Bergstrom Airport, there are
dozens of smaller regional airports.
Passing H.R. 1848 is not only important to those in general aviation,
it is vital. As my colleagues have mentioned, this industry includes
nearly 600,000 pilots, employs 1.3 million people, and contributes
approximately $150 billion annually to the U.S. economy. But because
the current regulations are overly strict and dated, our economy and
workforce is struggling.
General aviation fosters a robust workforce of engineers,
manufacturers, maintenance professionals, and pilots, and it is within
the FAA's power to ensure the success and sustainability of this
important industry. They can do this by modernizing the regulatory
requirements to improve safety, decrease cost, and set new standards
for compliance in testing, just as H.R. 1848 requires.
Mr. Speaker, I'm a small businessman. I can tell you this is good for
jobs, it's good for the economy, and, most importantly, it's good for
America.
Ms. TITUS. Mr. Speaker, I yield 1 minute to the gentleman from
Georgia (Mr. Barrow).
Mr. BARROW of Georgia. I thank the gentlelady for yielding me the
time.
Mr. Speaker, I rise today in support of H.R. 1848, the Small Airplane
Revitalization Act of 2013. This bill improves safety, lowers costs,
and stimulates private sector innovation, all while cutting red tape.
We need to do everything we can to keep our economy growing. For the
last year and a half, representatives from the Federal Aviation
Administration and the aviation industry have worked together to make
recommendations for regulations that will keep us safe in the sky and
grow our economy back on the ground. This bill adopts those
recommendations.
I'm proud to stand with the bipartisan group of Congressmen who have
helped bring this bill to the floor today, including Mr. Pompeo, Mr.
Lipinski, Mr. Rokita, Mr. Nolan, and my cochair of the General Aviation
Task Force, Mr. Graves. This bill follows in the tradition of the
General Aviation Caucus in the House to work together in a bipartisan
fashion. That's the way things should be done around here, and this
bill is proof that good things can happen when Republicans and
Democrats work together.
I encourage all my colleagues to support this legislation.
Ms. TITUS. Mr. Speaker, I yield back the balance of my time.
Mr. PETRI. Mr. Speaker, in closing, I would like to reiterate that
this bill is about good government, about creating a regulatory
environment that improves safety at a fraction of the cost, and
ultimately about helping to revitalize an American industry.
I strongly urge all of my colleagues to support this bill, and I
yield back the balance of my time.
Mr. RADEL. Mr. Speaker, thank you for the opportunity to speak on
this important legislation that will get the FAA out of the way for
small aircraft owners and manufactures.
In my home state of Florida, general aviation is a booming industry.
We have 130 public-use airports, nearly 52,000 pilots, and more than
25,000 general aviation aircraft. Southwest Florida, my home, is an
especially popular area for small aircraft. Anyone flying into the Fort
Myers airport, over the beautiful beaches and the big blue Gulf--can
appreciate why so many retired Air Force and airline pilots move to
Florida and continue to take to the skies.
Unfortunately, the burdens placed on small aircraft manufacturers
and owners stop them from enjoying flying. When government bureaucrats
become more focused on their own job security than the safety of
pilots, it is time for a change. This important legislation will save
pilots money and time while ensuring safety in our skies and it
deserves your support.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Wisconsin (Mr. Petri) that the House suspend the rules
and pass the bill, H.R. 1848, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. POMPEO. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________