[Senate Report 113-108]
[From the U.S. Government Publishing Office]
113th Congress Report
SENATE
1st Session 113-108
_______________________________________________________________________
Calendar No. 187
SMALL AIRPLANE REVITALIZATION ACT OF 2013
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1072
September 17, 2013.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred thirteenth congress
first session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California JOHN THUNE, South Dakota
BILL NELSON, Florida ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington ROY BLUNT, Missouri
MARK PRYOR, Arkansas MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada
MARK WARNER, Virginia DAN COATS, Indiana
MARK BEGICH, Alaska TIM SCOTT, South Carolina
RICHARD BLUMENTHAL, Connecticut TED CRUZ, Texas
BRIAN SCHATZ, Hawaii DEB FISCHER, Nebraska
MARTIN HEINRICH, New Mexico RON JOHNSON, Wisconsin
ED MARKEY, Massachusetts JEFF CHIESA, New Jersey
Ellen Doneski, Staff Director
James Reid, Deputy Staff Director
John Williams, General Counsel
David Schwietert, Republican Staff Director
Nick Rossi, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 187
113th Congress Report
SENATE
1st Session 113-108
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SMALL AIRPLANE REVITALIZATION ACT OF 2013
_______
September 17, 2013.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1072]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1072) 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,
reports favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
S. 1072 advances the safety and continued development of
small airplanes by directing the Administrator of the Federal
Aviation Administration (FAA) to reorganize certification
requirements in a manner that streamlines the approval of small
aircraft and associated products, and modifications to their
certified designs.
Background and Needs
The FAA is responsible for developing safety standards for
civil aircraft and associated products, and for certifying that
new aircraft designs, and changes to those designs, meet these
standards. Part 23 refers to the FAA regulations that apply to
general aviation aircraft with a maximum certified takeoff
weight of 19,000 pounds or less. Part 23 covers both new
aircraft designs as well as modifications to existing aircraft
to improve safety or performance.
Part 23 is a large body of regulatory material that is
complimented by a system of overlapping advisory circulars and
industry standards from groups such as the SAE International
and Radio Technical Commission for Aeronautics that establish
the standards and guidelines a manufacturer must use to show
its products comply with safety requirements. Both the safety
regulations within Part 23, as well as the advisory circulars
produced by the FAA, have not been revised regularly, resulting
in guidance and certification standards that have not kept pace
with advances in technology. As a result, a significant portion
of the Part 23 safety regulations prescribe design solutions
that have not anticipated advances in technology, which have
inhibited manufacturers' abilities to develop and adopt new
designs.
Advisory circulars also typically provide a detailed
description of a particular method manufacturers can use to
comply with the regulations. In practice, the specific
compliance method presented in a given advisory circular is
often treated in the industry as the only acceptable way to
comply with the regulations, and discourages manufacturers from
developing alternative methods that would provide the same
level of safety.
The aviation industry has advocated for Part 23 regulatory
reforms, arguing that the current process inhibits innovations
that would improve safety and increase economic output. Reforms
could reduce the challenge of trying to prove the viability of
new technologies against a framework of assumptions that can be
outdated, while still maintaining the highest levels of safety.
This could reduce both the time and resources consumed by the
process for manufacturers and regulators alike.
The FAA initiated an on-going review process for Part 23
certification in 2008, and in 2011, commissioned an aviation
rulemaking committee to review the work to date and develop
recommendations. The committee issued its report, which forms
the basis of this bill, in June 2013.
Summary of Provisions
S. 1072 would reorganize the certification requirements for
general aviation under Part 23 in order to make it quicker and
more cost-effective to bring safety and other technological
improvements to market. The bill would require the FAA to pass
a final rule updating Part 23 regulations by December 2015. The
legislation would mandate the development of performance-based
safety requirements for Part 23 and introduce consensus-based
standards to clarify how to comply with these requirements.
This would provide the FAA greater flexibility to keep
standards in sync with technological advancements.
Legislative History
Senator Klobuchar introduced S. 1072 on May 23, 2013 along
with eight cosponsors. On July 30, 2013, the Committee met in
Executive Session during which S. 1072 was considered. One
amendment, in the nature of a substitute, was offered by
Senator Klobuchar that clarified aspects of the legislation and
made technical corrections. The bill, as amended, was ordered
reported by voice vote.
A companion bill, The Small Airplane Revitalization Act of
2013, H.R. 1848, was introduced by Representative Mike Pompeo
and 31 cosponsors in the House of Representatives on May 7,
2013. H.R. 1848 passed the House of Representatives on July 16,
2013, by a roll call vote of 411-0.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1072--Small Airplane Revitalization Act of 2013
The Federal Aviation Administration (FAA) is responsible
for regulating and overseeing civil air transportation. S. 1072
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 under way to
develop a regulatory regime for small airplanes, and CBO does
not expect that meeting the deadline specified under S. 1072
would significantly affect the agency's costs to complete those
proceedings. As a result, CBO estimates that implementing S.
1072 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.
S. 1072 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On July 15, 2013, CBO transmitted a cost estimate for H.R.
1848, the Small Airplane Revitalization Act of 2013, as ordered
reported by the House Committee on Transportation and
Infrastructure. The two bills are similar, and the CBO cost
estimates are the same.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The reported bill would be consistent with the current
operation of the air transportation system, thus the number of
persons covered should be consistent with the current levels of
individuals impacted under the existing aviation system.
ECONOMIC IMPACT
S. 1072 is expected to have a positive impact on the U.S.
economy. The transportation system is a key component of the
Nation's economy. Provisions in this legislation aim to improve
the competitiveness of U.S. aircraft manufacturers.
PRIVACY
The reported bill is not expected to have any impact on the
privacy rights of individuals.
PAPERWORK
It is not anticipated that there will be a major increase in
paperwork burdens resulting from the enactment of S. 1072.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short Title
This section would provide that the Act be cited as the
``Small Airplane Revitalization Act of 2013''.
Section 2. Findings
This section would lay out a series of findings regarding the
state of the general aviation segment of the industry that
support the need for this Act. Among the findings is that a
healthy small aircraft industry is integral to U.S. economic
growth and includes products that are exported in great
numbers. General aviation contributes to well-paying
manufacturing and technology jobs, and cultivates a workforce
of engineers, manufacturing and maintenance professionals, and
pilots. Small airplanes comprise nearly 90 percent of the
general aviation aircraft certified by the FAA, but the average
age of these aircraft is now 40 years, due in part to
regulatory barriers that make it difficult to bring new designs
and technologies to market. Since 2003, the United States has
lost 10,000 active private pilots per year on average, in part
due to a lack of cost-effective, new small airplanes.
Section 3. Safety and Regulatory Improvements for General Aviation
This section would require the FAA to issue a final rule
updating certification requirements for Part 23 aircraft by
December 15, 2015. The final rule would be based on findings of
the Part 23 Reorganization Aviation Rulemaking Committee, which
issued its report in June 2013. The final rule would improve
safety and reduce the regulatory costs of certification for
both the FAA and industry. The rule would establish broad,
outcome driven safety standards that can be met using
performance-based requirements. The bill also would direct the
FAA to work with aviation regulators in other countries to
adopt similar standards.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, the Committee states that the bill as
reported would make no change to existing law.