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House Bill Requires FAA to Consider Industry Impact of Regulations

April 11, 2011

Specifically, language offered by Rep. Bud Shuster (R-9-PA) on March 31 would require the FAA to recognize that “one size does not fit all” when regulations are considered for the aviation industry.

NBAA and other national aviation organizations have fought for FAA recognition of that principle in several rule-making actions over the last several years, most recently as FAA officials have considered Safety Management System requirements set forth by the International Civil Aviation Organization. At that time, NBAA VP Safety, Security and Regulation Doug Carr pointed out that “what's good for airlines could be disastrous for NBAA Members.”

Rep. Shuster’s amendment to H.R. 658 calls on the FAA to conduct an analysis of different aviation industry segments when considering broadly-applicable rule-making, and to tailor future FAA regulations to those segments when appropriate.

“Simply put,” said Rep. Shuster, “the more specific a regulation is, the safer the aviation community will be.” The amendment would also require the FAA to ensure that new regulations are based on sound science and include an assessment of their economic impact on affected aviation industry segments. In addition, the FAA would be required to produce a reasoned cost-benefit analysis for new rules. In offering the amendment, Rep. Shuster said he wanted to improve both FAA rulemaking and safety for all of aviation.

“The aviation industry is a diverse composite of segments including businesses that rely on general aviation, as well as large scheduled passenger carriers, cargo carriers and military flights,” said NBAA President and CEO Ed Bolen. “Rep. Shuster’s amendment recognizes a common-sense principle when it comes to aviation: one size does not fit all.”

On February 17, the Senate passed its own version of the FAA Reauthorization bill, which does not contain the Shuster amendment. The House version of the bill, with the Shuster and other amendments, passed that chamber on April 1. The two versions must be reconciled in a Congressional conference committee before being sent to the White House for the President’s signature.