[House Report 113-151]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-151
======================================================================
SMALL AIRPLANE REVITALIZATION ACT OF 2013
_______
July 16, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1848]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred 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, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Legislative History and Consideration............................ 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 5
Advisory of Earmarks............................................. 5
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Federal Mandate Statement........................................ 5
Preemption Clarification......................................... 6
Advisory Committee Statement..................................... 6
Applicability of Legislative Branch.............................. 6
Section-by-Section Analysis of Legislation....................... 6
Changes in Existing Law made by the Bill, as Reported............ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
PURPOSE OF LEGISLATION
H.R. 1848 advances the safety and continued development of
small airplanes by directing the Administrator of the Federal
Aviation Administration (FAA) to reorganize certification
requirements to streamline the approval of safety advancements.
BACKGROUND AND NEED FOR LEGISLATION
The U.S. general aviation industry includes nearly 600,000
pilots, employs roughly 1.3 million people, and contributes
approximately $150 billion annually to the economy. The general
aviation industry is one of the few remaining U.S.
manufacturing industries that provide a trade surplus for the
United States. However, over the last few 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 FAA certification processes that
greatly increase the cost to bring new products to market and
ultimately increase the cost for consumers.
H.R. 1848 directs the Administrator to issue a final rule
by December 31, 2015, based on the recommendations of the FAA's
Part 23 Reorganization Rulemaking Committee. The final rule
must (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; and (4) use FAA-accepted
consensus standards to clarify how the Part 23 safety
objectives may be met by specific designs and technologies.
HEARINGS
No hearings were specifically held on H.R. 1848; however,
the legislation was discussed at the Subcommittee on Aviation's
May 16, 2013 hearing entitled, ``Review of Progress
Implementing FAA Reform Act''.
LEGISLATIVE HISTORY AND CONSIDERATION
On May 7, 2013, Representative Mike Pompeo introduced H.R.
1848, along with original co-sponsors Representatives Dan
Lipinski, Sam Graves, Richard Nolan, and Todd Rokita.
On July 10, 2013, the Committee on Transportation and
Infrastructure met in open session and ordered the bill
reported favorably to the House by voice vote with a quorum
present. A manager's amendment was offered in Committee by Mr.
LoBiondo. The manager's amendment was a technical amendment to
a provision in the bill that requires the FAA to use consensus-
based standards when possible for Part 23 compliance and
clarified that traditional methods for Part 23 compliance will
remain acceptable. The manager's amendment was adopted by voice
vote with a quorum present.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no record votes taken in connection
with consideration of H.R. 1848 or ordering the measure
reported. A motion to order H.R. 1848 reported favorably to the
House was agreed to by voice vote with a quorum present.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 1848 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 15, 2013.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1848, the Small
Airplane Revitalization Act of 2013.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 1848--Small Airplane Revitalization Act of 2013
The Federal Aviation Administration (FAA) is responsible
for regulating and overseeing civil air transportation. H.R.
1848 would require the agency to issue a final rule related to
certification and safety requirements of small airplanes by
December 31, 2015. According to the agency, the rule required
under the bill would build on efforts already underway to
develop a regulatory regime for small airplanes, and CBO does
not expect that meeting the deadline specified under H.R. 1848
would significantly affect the agency's costs to complete those
proceedings. As a result, CBO estimates that implementing H.R.
1848 would have no significant impact on the federal budget.
The legislation would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
H.R. 1848 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
advance the safety and continued development of small airplanes
by reorganizing certification requirements to streamline the
approval of safety advancements.
ADVISORY OF EARMARKS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013),
the Committee finds that no provision of H.R. 1848 establishes
or reauthorizes a program of the federal government known to be
duplicative of another federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013),
the Committee estimates that enacting H.R. 1848 directs the
Administrator of the Federal Aviation Administration to
complete one specific rule making within the meaning of section
551 of title 5, United States Code.
FEDERAL MANDATE STATEMENT
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 1848 does not
preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
APPLICABILITY OF LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
SECTION-BY-SECTION ANALYSIS OF LEGISLATION
Section 1. Short title; Small Airplane Revitalization Act of 2013
This section provides that the short title of the bill is
the ``Small Airplane Revitalization Act of 2013.''
Section 2. Findings
In this section, Congress finds that:
(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
Federal Aviation Administration (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; and,
(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.
Section 3. FAA safety and regulatory improvements for general aviation
Subsection (a) directs the Administrator to advance the
safety and continued development of small airplanes by
reorganizing certification requirements applicable to small
airplanes to streamline the approval of safety advancements.
Subsection (b) requires the Administrator of the FAA to
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 is required to 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; and
(4) Use FAA-accepted consensus standards to clarify
how the Part 23 safety objectives may be met by
specific designs and technologies.
Subsection (c) requires the Administrator of the FAA to use
acceptable consensus based standards (in the spirit of the
National Technology Transfer and Advancement Act of 1996)
whenever possible in meeting the objectives of Part 23, while
continuing traditional methods for meeting Part 23.
Subsection (d) directs the Administrator to 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.
Section 4. Definitions
This section defines the terms ``administrator'',
``consensus standards'', ``FAA'', ``general aviation'', ``Part
23'', and ``small airplane''.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 1848 makes no changes in existing law.