FAA Reauthorization Bill Sails Through Senate Committee
Only one amendment directly affecting language regarding repair stations was adopted. That amendment, introduced by Sen. Claire McCaskill (D-MO) modified wording in Section 522 (Non-certificated Maintenance Providers) to tighten the acceptable use of individuals working for a provider of contract maintenance workers or services to a repair station or air carrier. The modified language now matches that found in the House FAA reauthorization bill (H.R. 915).
Senate Unveils FAA Reauthorization Bill
On July 14, the Senate version of the Federal Aviation Administration (FAA) reauthorization was unveiled, the “FAA Air Transportation Modernization and Safety Improvement Act’’ (S. 1451). Unlike the House version (H.R. 915), the bill was introduced with bi-partisan support. Commerce, Science, and Transportation Chairman John Rockefeller (D-WV) and Aviation Subcommittee Chairman Byron Dorgan (D-ND) were joined as co-sponsors by full committee ranking member Kay Bailey Hutchison (R-TX) and subcommittee ranking member Jim DeMint (R-SC).
Title V of the Senate bill addresses foreign repair stations (Section 521) and the use of non-certificated maintenance providers (Sec. 522). The bill summary states:
"Title V also requires the FAA to ensure that FAA-certified repair stations outside the U.S. performing work on U.S. commercial air carriers will be required to have drug and alcohol testing programs in place that are acceptable to the FAA and the laws of the country in which the station is located. It also mandates each foreign repair station have a minimum of two annual inspections from FAA inspectors unless there is a bilateral aviation safety agreement in place that allows for comparable inspection by local authorities. Similarly, Title V also directs the FAA to issue regulations that limit the ability of a non-certificated maintenance provider to be able to work on the aircraft of Part 121 air carriers to several limited exceptions - all of which require the supervision or working in conjunction with the employees of a certificated repair station or air carrier."
The full text of the bill is available here.
Sen. Claire McCaskill, in a response to the Senate FAA reauthorization bill, introduced her own bill on June 14. The "Safe Air Act of 2009" (S. 1454) requires twice annual inspections of all foreign repair stations, including one “unannounced” inspection. The language is stricter than that found in the House FAA reauthorization bill, which prompted the European Commission to prepare for reciprocal measures that would prove incredibly costly for domestic business.
The full text of the bill may be found here.
To view a side by side comparison of the House and Senate bills, click here.
House Language Spurs EASA Reciprocity Plans
In a letter dated June 22, European Aviation Safety Agency (EASA) Executive Director Patrick Goudou layed out EASA's planned response if language targeting foreign repair stations becomes law in the Federal Aviation Administration (FAA) Reauthorization Act (H.R. 915).
In the letter, Goudou outlined actions to prepare for inspections of U.S.-based repair stations holding EASA approval. Included in this plan will be the submission of data from U.S. repair stations on employee numbers and technical ratings. The information will be necessary as the new rates for holding EASA approval (in the absence of the bilateral aviation safety agreement (BASA)) will be formulated according to the non-BASA fee schedule. On this schedule, the average cost per repair station to maintain EASA approval will skyrocket from approximately $980 per year to $32,100 per year. The letter notes that informing repair stations of the fee increase "will trigger most likely some reactions."
The EASA actions are being precipitated by language in Sec. 303 of the House-passed FAA Reauthorization Act. The section requires twice annual inspections by FAA personnel of all foreign part 145 certificate holders and also requires individuals employed at foreign repair stations to be absorbed into the Department of Transportation's drug and alcohol testing program. Both requirements are counter to the BASA (and additional international trade obligations) and the European Commission has stated that if the language becomes law, the BASA will cease to exist.
During debate in the House of Representatives, Rep. Jim Oberstar (D-MN-8), chairman of the Transportation and Infrastructure Committee, stated several times that the Europeans were "blowing smoke" or "crying wolf" on reciprocating measures if H.R. 915 became law. Unfortunately for the industry, current indications show that the EC is not bluffing.
To read the letter, click here.
