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Issue Brief

Summary of Provisions Involving General Aviation

FAA Reauthorization Bill (AIR-21)

March 2000

ISSUE

Final Result

Budgetary Treatment

Guarantee annual revenues and interest will be fully spent; permits the use of general funds subject to the normal appropriations process.

Airport Improvement Program Authorization

Authorized from 2000 through 2003.

FY00: $2.475B

FY01: $3.2B

Increase by $100 million each year thereafter.

(Section 101)

Facilities & Equipment Authorization

FY00: $2.689B

FY01: $2.657B

FY02: $2.914B

FY03: $2.981B

(Section 102)

FAA Operations Authorization

FY01: $6.6B

FY02: $6.886B

FY03: $7.357B

(Section 103)

Air Traffic Control Oversight Board and Chief Operating Officer (COO)

Creates an Air Traffic Services Subcommittee as a subset of the Management Advisory Council (MAC). The subcommittee will comprise five newly appointed MAC members, meeting specific criteria, representing the public and not have an interest in or be involved in an aviation business. It will oversee the ATC system and review certain actions and appointments. FAA Administrator appoints a COO for a 5-year term with the approval of the subcommittee. (Sections 301-304)

Cost Allocation Study

Requires DOT Inspector General to conduct an assessment to ensure FAA’s cost allocations are appropriate. Requires annual reports for five years. FAA must report to Congress on its cost allocation system. (Sections 309 and 311)

Wildlife Hazard Mitigation

Authorizes $450,000 per year from Operations for wildlife hazard mitigation measures and management of FAA wildlife strike database. (Section 103(a))

General Aviation and Tilt-rotor Aircraft Office

Authorizes funds to support infrastructure systems development for general aviation and the vertical flight industry. Also authorizes funds to revise air traffic control procedures to accommodate tilt-rotor aircraft.

(Section 103(a))

Runway Incursions

Authorizes $3.3 million in FY00 and $3 million thereafter to implement the 1998 airport surface operations safety plan. Makes runway incursion prevention devices eligible for AIP grants and directs that they be considered safety devices for the purpose of funding priorities.

(Sections 103(a) and 121)

Entitlement for GA Airports

When AIP funding level is at least $3.2B, provides annual entitlement for each general aviation airport equal to 1/5th the 5 year cost estimate for airport improvements for that airport as listed in NPIAS, to a maximum of $150,000 per year.

(Section 104(c))

Airfield Pavement

  • Makes pavement maintenance at GA and small commercial service airports eligible for AIP grants. (Section 123)
  • Directs FAA to consider awards to non-profit research foundations to study airfield pavement. (Section 905)
  • Allows use of state highway construction standards for airfield pavement at certain airports (Section 104(c))

Alaska Provisions

  • Makes technical changes suggested by FAA, clarifying Alaska is entitled to a "supplemental" apportionment (vs. alternative), and removes requirement that FAA can’t make a grant to an Alaska airport that exceeds 110 percent of the Alaska supplemental apportionment in a given year. (Section 104(c) and (d))
  • Doubles the Alaska supplemental entitlement if the amount available for AIP is at least $3.2B. (Section 104(d))
  • Permits 12 acres at Lake Minchumina to be conveyed to Iditarod Area School District (Section 754)
  • Permits land exchanges, Fort Richardson and Elmendorf Air Force Base (Section 761)

Rural Aviation Improvement in Alaska

When changing its rules affecting intrastate aviation in Alaska, FAA shall consider the extent to which Alaska relies on aviation and shall establish the appropriate regulatory distinctions. Requires development and implementation of a "mike-in-hand" weather observation program in Alaska under which near real-time weather information will be provided to pilots.

(Section 156)

GA Metropolitan Access and Reliever (GAMAR) Airport Grant Fund

Establishes a new apportionment category and set aside of two-thirds of 1% of the discretionary fund for certain reliever airports if AIP is at least $3.2B in a year.

(Section 104(f))

AIP Eligible Items

Makes certain FAA-approved emergency call boxes, universal access systems, pavement maintenance, weather surveillance equipment and windshear detection equipment eligible to be paid for with AIP funds. (Sections 121 and 122)

Permits a pilot program under which design-build contracts may be used at airports. (Section 139)

State Block Grant Program

Increases the number of state block grant states from 9 to 10, effective October 1, 2001.

(Section 138)

Federal matching share for AIP projects at airports

Allows for a federal share of less than 90% at GA airports receiving grants under the state block grant program. Allows for a federal share of 100% at GA and non-hub airports in the first year that the higher funding levels are in effect. (Section 126)

Small Airport Fund Set-Aside

Sets aside $15 million or 20%, whichever is less, of the non-hub portion of the small airport fund to help these airports meet the new small airport certification standards. This set-aside lasts 5 years unless FAA determines that all airports have met the certification standards.

(Section 128(a))

Conveyances of Airport Property

30 days public notice prior to allowing property to be used for nonaeronautical purposes (applies to FAA actions under section 47125 or 47153). (Section 125)

Gives airports priority for receiving surplus government property. Changes references to "gifts" as "conveyances". (Sections 135(d) and 136)

Adopts two specific deed restriction removals, Pinal and Yavapai, AZ. (Sections 749-750)

Airport Land Use Compliance Report

Requires an annual detailed statement listing airports the FAA believes are not in compliance with grant assurances and timeline for corrective action.

(Section 722)

Landfills Near Airports

Prohibits construction of a new landfill within 6 miles of a small airport unless the FAA determines it would not adversely affect safety. Provision does not apply to Alaska. (Section 503)

Marking of Life-limited Parts

Requires FAA to issue rules to determine the best way to ensure the safe disposition of life-limited civil aviation parts. Provides 180 days for the proposed rule and 180 days for the final rule. Also provides civil penalties for failure to mark.

(Section 504)

Bogus Parts and Certificate Revocation

Prohibits certification or hiring of a person that has been convicted of a violation of a law relating to counterfeit parts, or the certificatation of a company that is subject to a controlling or ownership interest of a convicted individual. FAA required to revoke certificates on the same basis, with appeal procedures built in.

(Section 505)

Bogus Parts and Criminal Penalties

Criminal penalties apply to a person who knowingly engages in interstate commerce concerning any aircraft or space vehicle part, and who conducts this business fraudulently. If fraudulent part is installed, fine of up to $500,000 and up to 25 years in prison. If results in serious bodily injury or death, fine of up to $1 million and up to life in prison. If an organization commits the offense, fine of up to $25 million.

(Section 506)

Aeronautical Charting Transfer

Transfers responsibility for aeronautical charting from Department of Commerce to FAA. (Title VI)

Taos Pueblo and Blue Lakes Demonstration Project

Requires a study of the feasibility of a demonstration project requiring all aircraft to maintain an altitude of 5,000 feet above ground level. Allows FAA Administrator to determine whether itinerant GA aircraft should be exempt from any such requirement. P. 7-35. (Section >

Grant Eligibility for Private Relievers

Final bill did not contain Administration proposal that could have jeopardized funding for 66 privately owned reliever airports.

Denial of Airport Access to Certain Air Carriers (Centennial Airport)

Prohibits an airline or charter operator from providing regularly scheduled charter air transportation (where the public is provided a schedule containing departure location, departure time, and arrival location) to an airport that does not have an airport operating certificate from the FAA. (Section 723)

National Park Overflights

Sets out specific requirements for commercial air tours operating over national parks or tribal lands. Air tours over the Rocky Mountain National Park are prohibited. Provision is not intended to interfere with FAA’s sole jurisdiction over airspace. (Title VIII)

Aircraft Emergency Locator Transmittors (ELTs)

Requires business jets and small air charters to equip with ELTs. FAA is required to issue rules implementing this change by January 2001. Rules should take effect January 2002, although FAA can extend the effective date by 2 years to ensure a safe and orderly transition or for other safety reasons. (Section 501)

TARDIS

Requires FAA to develop a national policy and procedures regarding the Terminal Automated Radar Display and Information System and sequencing for VFR ATC towers. (Section 756)

Emergency Certificate Revocation

Gives holder of an FAA certificate the right to appeal the immediate nature of an emergency revocation to the NTSB. (Section 716)

Weather/ASOS

Prohibits termination of human weather observers for ASOS until 60 days after Secretary of Transportation determines ASOS provides consistent reporting of meteorological conditions. Authorizes funds to upgrade AWOS/ASOS systems. (Sections 102(d) and 728)

Pilot Record Sharing

Amends Pilot Records Improvement Act to allow certain electronic access to FAA records. Clarifies information that must be provided by previous employer. Includes privacy terms to ensure that information from database is only obtained by person who needs information for hiring decision and that information is only used for that purpose. (Section 508(b))

Alaska Guide Pilots

Requires Alaska guide pilots to be regulated under Part 91. FAA will issue rulemaking to establish special rules that will apply, taking under consideration unique conditions associated with air travel in Alaska.

(Section 732)

Blue Ash Airport

Allows DOT Secretary to approve the sale of Cincinnati-Municipal Blue Ash Airport from the City of Cincinnati to the City of Blue Ash in advance of the expiration of certain grant agreements and allowing Cincinnati to use the proceeds from the sale for any purpose. Statement of managers directs FAA to develop a memorandum of understanding (MOU) making clear the airport will stay open for an additional 20 years beyond the expiration of current grant agreements and FAA's intent to fully enforce the MOU. (Section 739)

Sky Harbor Noise Study

Directs FAA to study effect of noise contours of the new flight patterns at Phoenix and report within 90 days on measures to mitigate noise. Report shall be available to public. (Section 746)

Oklahoma Deed Waiver

Allows FAA to waive restrictive terms in a deed of conveyance so an OK university can made use of revenues derived from certain airport land. Requires that if land is sold airport must receive fair market value and priority given to reinvestment in the airport. (Section 751)

Grant Parish, LA

Permits U.S. to release any restrictions on land at the former Pollock Army Airfield, provided U.S. has access to or use of lands in the event of a national emergency. (Section 752)

Frequency Spectrum

Non-binding statement expressing the need for the FAA to protect frequency spectrum used for GPS. Urges FAA to give high priority to developing a national policy to protect spectrum and expedite appointment of Ambassador to World Radio Communication Conference. (Section 760)

Free Flight Phase I

Requires FAA Administrator to submit to Congress a plan for the continued implementation of Flight Phase I operational capabilities for FY03-05, including recommendations due to be made by RTCA Free Flight Steering Committee. (Section 759)

National Airspace Redesign

Requires Administrator to conduct a National Airspace Redesign and report to Congress. Authorizes $12 million in each year FY00-02. (Section 736)

Air Traffic Control Modernization Pilot Program

Authorizes a ten project FAA-industry joint venture cost-sharing program to encourage nonfederal investment in air traffic control modernization programs. Limits FAA participation to one third of project costs and $15 million per project. (Section 304)

Aircraft Situational Display Data

A person that directly obtains aircraft situational display data from the FAA must demonstrate the ability to selectively block the display of any aircraft-situation-display-to-industry derived data related to any identified aircraft registration number. The person also must agree to block selectively the number of any aircraft owner or operator upon the Administration’s request. (Section 729)

Easement in CA

Grants an easement to facilitate construction of the California State Route 138 bypass. Requires that benefit of easement to the airport be at least equal to value of the easement. (Section 731)

Raleigh County, WV

Allows DOT to release from any terms and conditions in grant agreements for the development or improvement of Raleigh County Memorial Airport, if land not needed for airport purposes. Requires any amount received from a sale to be used for airport purposes.(Section 753)

Waiver for Newport News (VA) airport

Permits DOT Secretary to grant waivers for land no longer required for airport purposes, subject to conditions. (Section 723)


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Posted Tuesday, March 14, 2000 3:32:16 PM