2016 Aviation Business Conference | Gathering in Washington During Interesting Times

June 20, 2016

NATA members attending the association’s second annual Aviation Business Conference are arriving in Washington, D.C. at an interesting time. Congress will still be in session but can already see on its horizon July 15th, the date it will adjourn for the two national political conventions and its annual summer recess. Returning shortly after Labor Day, Congress will meet for only a few short weeks before adjourning to campaign in advance of the November 8th general election.

Not by coincidence, July 15th is also the date of the expiration of the FAA’s current authorization. On the House side, Chairman Shuster’s (R-PA) proposal to create an air traffic corporation continues to languish due to objections from other congressional committees, conservative Republicans, and virtually the entire House Democratic Caucus. NATA continues to voice its strong objections to the corporation concept at any and all venues that provide us the opportunity to discuss the dangers it poses to general aviation. Like presidential candidates, NATA has been on the road, updating the aviation business community in Florida, Wisconsin, Illinois, South Carolina, Indiana and Texas on the status of the Shuster proposal. We also continue to work the issue at the national level, educating the press and appearing at public policy forums here in Washington, D.C., to rebut the outrageous claims of the airline interests campaigning for ATC corporatization.

I am also pleased to report that in April the United States Senate took a different, more hopeful path than the House, approving by a vote of 95-3 a bipartisan FAA bill that does not include provisions to create an ATC corporation. The legislation instead embraces NATA’s long-stated belief that Congress should build upon its previous work and continue to improve the consistency of FAA decisions across its offices and regions, streamline the FAA certification process to better reflect today’s pace of innovation, and assist the agency in operating as efficiently as possible.

The Senate’s action now puts the impetus for further action in the hands of House Transportation Committee Chairman Shuster to decide whether or not to continue to press forward on his proposal to create a user fee-funded, air traffic control corporation, accept the Senate proposal, or simply extend the FAA’s authorization beyond its current expiration on July 15th. Senator John Thune (R-SD), Chairman of the Senate Commerce Committee, who steered the legislation through the Senate, has publically expressed his hope there will be no more extensions and that the House will give serious consideration to the bipartisan approach taken by the Senate.

This puts NATA members in Washington, D.C. this June smack dab in the middle of it all. Our annual fly-in on June 9th will once again feature key aviation policymakers sharing their perspectives on the FAA reauthorization debate. We are also fortunate that once again Tom Hendricks and the leaders of the other general aviation associations will brief you in advance of your trip to the Capitol Building. And, of course, we will also gather informally that evening on Capitol Hill with aviation policymakers and their staffs for our annual industry reception.

However, the Aviation Business Conference is more than about politics. For that reason, we will be joined by TSA Administrator Peter Neffenger, who will discuss the security challenges facing our nation. FAA Associate Administrator for Aviation Safety Peggy Gilligan will be on hand to answer your questions about the FAA’s regulatory agenda. Finally, the conference will be packed with sessions providing insights on the state of the industry and the latest in effective business and safety practices.

So bring some good walking shoes (we can never guarantee the operating state of our subway), your questions and your insights. We look forward to seeing you in our nation’s capital!

By Bill Deere, Senior Vice President for Government and External Affairs (republished from Q2 2016 Aviation Business Journal)


The Lightning Legislation

April 22, 2016

In my almost three decades of experience on—or working with— Capitol Hill, I have come to the conclusion that Congress only has two speeds—glacial or lightning. In most instances, no matter how common sense or progressive the policy change you seek, one is resigned to the fact that it may take several sessions of Congress in order to achieve a policy goal. The typical holdup: timing. In other words, for various reasons, the stars just do not align—even if a proposal is recognized as helpful and noncontroversial. This is what made it especially satisfying last year when, after years of kicking the can down the road, NATA and other major associations in Washington were able to secure two important long-term changes in investment tax policy after years of short-term extensions.

As you could no doubt tell from the President’s column, when it comes to this year’s FAA reauthorization, we are in the equivalent of a congressional lightning round—and that’s when you have to be on your guard.

After years of seemingly endless policy forums, congressional “listening sessions,” and official hearings, the House Transportation Committee put pen to paper, drafted an FAA reauthorization bill, and released it for the world to see in early February 2016. At one level, the bill [H.R. 4441, the Aviation Innovation, Reform and Reauthorization (AIRR Act)] offered no surprises. The Chairman of the Transportation Committee, Representative Bill Shuster (R-PA), has been upfront with his intentions since the summer of 2015. Recall, he shared his thinking with NATA members at the 2015 Aviation Business Conference. Chairman Shuster believes that, despite the encouragement and additional authorities provided by Congress over the years, the FAA’s handling of modernization and operations is too broken to be fixed and offered his solution–separating air traffic control from the FAA and operating it as a not-for-profit, user fee-funded corporation.

We respectfully disagree. Changes in the relationship between the agency’s air traffic control operation and its safety regulatory component should be carefully viewed in terms of the problem to be addressed, and whether the solution will continue to maintain a stable, safe and efficient system that protects access for all users of our system. Creating a potentially adversarial relationship between the remaining portion of FAA and an air traffic control corporation will create unintended consequences. In the end, we concluded that, while this has been a healthy policy debate, focused policy initiatives will better achieve the goal of a more efficient and flexible agency, well positioned to maintain America’s dominance in aviation.

The general rule in Washington: the faster you try to move a piece of major legislation, the more likely the goal is to avoid delving into its specifics. So, you know what came next. The aviation community was expected to digest an almost 300-page proposal—including a major shift in the FAA’s organization and funding—and be prepared to share its views on it with congressional decision makers at a hearing one week later. Even more problematic, the bill was voted on by the House Transportation Committee the very next day.

NATA swiftly posted our analysis of the bill on our website. NATA staff briefed our Board, Presidents Council and our committees on its implications and provided lawmakers with testimony. The night before markup, we waded through approximately 100 filed amendments looking for the good and the bad. We also found time to rebut the contention made at the hearing on the legislation that charter operations were largely high-end passenger jets like G5s or G6s and their paying user fees was “fair.”

The AIRR Act survived the committee and vote — barely. The vote was along party lines and two pilot members, Republicans Sam Graves (R-MO) and Todd Rokita (R-IN), joined all Transportation Democrats in opposition. The next step in the Transportation Committee’s legislative blitz, a vote on the House floor was slated to occur shortly after committee consideration. That was when, with your help, the proposal started taking flak from all sides. The general aviation community, particularly NATA members, weighed in with their elected representatives through our special webpage (www.nata.aero/nocorporation). Facing united Democratic opposition, concerns from other major House committees impacted by the proposal, and conservatives with grave suspicions about whether such a proposal was really just an open-ended invitation to increase travel costs through user fees— the House Leadership chose, at least for the moment, to shelve the proposal and turn to other priorities.

As Tom mentioned in his column, the shame in all this is: absent the air traffic control corporation proposal, the remainder of the AIRR Act represents a serious, bipartisan effort to help the FAA operate in a more efficient manner. Thanks to the help of NATA’s committees, we proposed to policy makers a number of ideas that have, in fact, been incorporated in the legislation. However, the good in this case does not outweigh the threat the legislation poses to aviation businesses and, indeed, to all of general aviation.

Though the AIRR Act appears bottled up for the moment, know that corporation proponents will not just walk away, they have sunk too much time and energy into the effort. So if you have not already, I urge you to go to our website (www.nata.aero/ nocorporation) and engage with your Congressman and Senators on this issue.

By Bill Deere, Senior Vice President for Government and External Affairs (republished from Q1 2016 Aviation Business Journal)


Airlines…..Unplugged

April 1, 2016

I had the opportunity last week to attend the U.S. Chamber’s annual Aviation Summit. “Aviation” in the title is really a misnomer. Despite the fact the Chamber has member companies with corporate flight departments, and even a wide array of other aviation businesses, make no mistake about it — this was an airline conference. The summit’s lack of balance was startling; this was a vehicle for airlines to get their message out and other viewpoints need not apply. Comfortable in what was clearly an enabling setting, airline executives felt empowered to say what they really think.

The leaders of the so-called low cost carriers were in lockstep about the dangers posed by four airlines with 80-percent domestic market share. Through their dialogue, they invited us to peak behind the curtain for a look at the impact of global joint ventures, noting for example three mega-alliances controlling 87 percent of the transatlantic market. They called upon the Department of Transportation to revisit these anti-trust waivers and immunized joint ventures…..and in the next breath they called upon Congress to adopt the Shuster proposal to create an airline dominated air traffic control corporation.

This is a demonstration of the old political adage, “where you are is where you sit.” Market concentration, it appears, is dangerous….unless of course you are part of it. This inability to either see or understand other perspectives is disappointing from people who are seemingly aware of the dangers created by market concentration. Even if we all saw creating an air traffic control corporation as a good idea, which we don’t, why would aviation businesses willingly sign up for a proposal that leaves their future costs to be determined by airlines?

However, the low cost carriers were just the warmup act, next came the airline association and a representative CEO from the big carriers. These speeches were carefully orchestrated and honed to two messages. First, congressional policymakers who offer pro-consumer proposals related to airline seats or pricing of various airline fees are intent on nothing less than re-regulating the airline industry. The airlines’ view of consumer legislation was best summarized by the head of their trade association who told the crowd, “Members of Congress, with all due respect, if you want to run an airline, buy some planes, hire some employees and sell some tickets.” Well, to paraphrase Ricky Bobby, he did say, “with all due respect.”

The wrath of these airline leaders was especially reserved for those who dare oppose their plan to create an air traffic control corporation. Those in opposition to the corporation are nothing more than “entrenched interests fighting to maintain their advantage.” Their response to the bipartisan work of Senate Commerce Committee Chairman John Thune and Ranking Member Bill Nelson that did not include a proposal to corporatize air traffic control, “The Senate took the easy way out.”

Worse are the half-statements that come along with addresses of these sort. For example, we were told airlines believe in a user fee-funded corporation so much they are willing to write their own checks to the corporation for the air traffic services they use. How altruistic. Except of course the real cost will be borne by the customer and the corporation proposal neatly removes accountability for those costs from a consumer’s direct scrutiny — let alone the costs the airlines will attempt to shift to general aviation. Other whoppers rehashed in front of a largely adoring crowd included the suggestion that air traffic controllers are using 1950’s technology, or that 60 countries currently operating corporatized systems are in some way more efficient or safer than ours.

Airlines also tried to dispel the notion they don’t want to run the corporation by noting the composition of the air traffic control board was changed late in the House committee process with the addition of two more seats for general aviation, bringing GA to the same number of seats as the airlines. While no doubt equal in number, it’s arguable those seats are not equal in weight. The corporation CEO, who also holds a board vote, will undoubtedly feel the pressure of the four votes that represent the overwhelming amount of corporation funding. In addition, this is not a proposal that is yet set in stone.   Neatly forgotten by these airline leaders during the conference, their complaint to Congress that the original proposal already lacked a sufficient number of airline stakeholders, particularly given the representation from general aviation — stakeholders that in their view pay next to nothing. We should not expect the airlines to give up on their attempts to “perfect” the board’s composition.

I report all this to remind you that despite some press reports, the airline industry is not giving up. Between now and July 15th (when the current FAA reauthorization again expires) we must be vigilant and engaged with our elected lawmakers if we are to withstand the imposition of the airline worldview on consumers and general aviation.

By Bill Deere, Senior Vice President for Government and External Affairs


NATA 75: An Industry Voice Is More Important Than Ever

December 28, 2015

 

As we launch into our anniversary year, reading the excellent history of the association written by Paul Seidenman and David J. Spanovich (page 18) underscores just how important it is for aviation businesses to have a voice to represent them in the public policy arena. As the article demonstrates, NATA’s birth was directly linked to the future of civil aviation, when the association’s founders had the vision to join together and intervene at a critical juncture, not letting the military in effect—take over—American aviation. In fact, the article is replete with examples, large and small, of how the association’s intervention made a difference in supporting aviation businesses’ contin­ued growth in this vital, and uniquely American, part of our economy.

It is easy to understand the advantages of membership when viewed from a purely business perspective. Many NATA members, for example, take advantage of the association’s industry leading workers’ compensa­tion insurance program or perhaps its Safety 1st training. However, the need for a public policy presence is not something that is always readily apparent nor easily quantified.

Perhaps because of our history, NATA members see that need. In our recent membership survey, advocacy was rated as one of the most important aspects of membership. It is also borne out by the fact that when the call for help goes out to aviation businesses, NATA members respond.

Looking ahead to 2016 we, like our founders, continue to see challenges and opportunities for aviation busi­nesses. On our immediate horizon is the upcoming FAA reauthorization bill. While events in 2015, the leadership crisis that resulted in a new Speaker of the House, Paul Ryan, and the difficul­ties of financing a multi-year surface transportation bill, slowed down the FAA bill in Congress—make no mis­take about it—the airlines still want the keys to the air traffic control system.

In early December, Airlines for America (the trade group representing the major carriers) and the CEOs of the nation’s six major airlines were in Washington, D.C., talking to lawmak­ers about their desire to create an independent, user-fee funded air traffic control organization. Don’t think they are serious? When the world’s largest airline, Delta, announced it was leav­ing the trade group in a disagreement over this and other policies the airlines are pursuing, the remaining members waived the association’s required de­parture notice allowing Delta to leave immediately.

The idea of privatizing air traffic control has been one pursued by others as well, some frustrated by the pace of modernization, others concerned the congressional budget process has bro­ken down to the point where funding for the agency may no longer be able to keep up with the future needs of the system.

While NATA agrees the FAA could certainly stand the injection of more private sector practices, we view the unknowns associated with corporati­zation as simply too great to risk. Can such a proposal be safely implemented in a system many times larger and far more complex than any other in the world? Will its implementation set back the cause of modernization rather than enhance it? And what happens to general aviation, a uniquely American user not really a large factor elsewhere in the world? Will new costs and fees in effect deny your businesses and cus­tomers access to airports and airways necessary to your operating a viable business?

While a huge concern, I don’t want to leave you with the impression this is the sole issue confronting avia­tion businesses. We are still working to unwind a 2012 IRS opinion that concluded that aircraft management fees are “transportation” and therefore management service providers should be assessing the 7.5 percent commer­cial ticket tax on amounts paid for those services. We are also working as part of a broad national coalition to bring certainty to investment policy by making permanent bonus depreciation and Section 179 expensing. Finally, the NATA regulatory team is working across a myriad of issues, before the FAA, the TSA, and Customs, among others, looking to bring common-sense and your real world perspective to the issues under consideration by the exec­utive branch.

Our issues are not always defen­sive. Our committee members were instrumental in developing a positive agenda for the FAA reauthorization bill. In fact one agenda item, requiring the investigative arm of Congress, the Government Accountability Office, to conduct a study of diversions of non-commercial jet fuel tax revenues to the Highway Trust Fund, was just incorporated into the recently enacted surface transportation bill. We are also particularly proud of the ongoing effort by NATA and AAAE members to identify and address the issues that divide and can unite airports and their tenants.

So as Tom Hendricks says, our future is bright and getting brighter by the day. As we move into what could be a watershed year in aviation, stay involved, and stay engaged. In the end, you are aviation businesses best advocates!

By Bill Deere, Senior Vice President for Government and External Affairs


The FAA Budget Request For FY2016

February 5, 2015

On Monday, the Administration submitted to Congress a $4 trillion budget proposal for FY2016 that includes $15.84 billion for the FAA. In context with the President’s other discretionary spending proposals, the increases in funding for FAA operations, modernization and research will be difficult to sustain through the budget process unless Congress and the President reach a new agreement on overall discretionary spending levels.

FY2016 FAA Budget Request

FY2015        Proposed FY2016 (% change from FY15)

Ops                 $9.74b          $9.915b (+2%)

F&E                $2.6b             $2.855b (+10%)

RE&D             $157m          $166m (+6%)

AIP                  $3.35b          $2.9b (-13%)*

Total               $15.847        $15.836

*Proposal assumes increase in the Passenger Facility Charge (PFC) from $4.50 to $8.00 and focusing remaining funds on smaller commercial and GA airports.

Highlights:

Operations – $9.915b (+2%)

  • 85 additional FTEs requested for additional flight standards safety inspectors and aircraft certification engineers.

Facilities & Equipment – $2.86b (+10%)

  • $845m for NextGen capital investments.

RE&D – $166m (+6%)

  • Maintains $6m in funding for alternative GA fuels.
  • Largest proposed increases are in the Flightdeck/Maintenance/System Integration Human Factors program ($3.9m) and weather program ($3.4m).

Airport Improvement Program – $2.9b (-13%)

  • While an overall reduction, the Administration believes that limiting the use of AIP to smaller commercial service and GA airports would represent an increase in available funds in those categories.
  • The GAO estimates increasing the Passenger Facility Charge from $4.50 to $8.00 will generate approximately $2.4b in additional funding to the larger airports.

User Fees

  • The Administration has finally dropped a proposal to derive part of its budget from a $100 per flight surcharge on general aviation flights.

Tax

Trends in FAA spending

Because of the proposed shift in AIP spending, it is not a straightforward exercise to assess the proposed FAA budget increase in the context of other domestic discretionary spending proposals. However, the proposed increases for operations, F&E and RE&D are 3.5% above current levels. This is in contrast to the Administration’s total proposed domestic discretionary funding increase of 7%.

While the additional proposed spending for FY2016 in F&E and RE&D are welcome, it does not appear those increases will be sustained in the long-term. The Administration’s out-year projections of FAA funding average approximately 2% growth through 2025 (see charts below). AIP would be sustained at the $2.9b level until FY2020 when it is projected to rise to $3.35b per year through FY2025. The proposed 10% increase in F&E funding for FY2016 actually increases out-year funding for modernization by $200m annually above the levels the agency reported to Congress just last summer in its capital development proposal.

chart1

chart2

Budget Outlook

So now we know. Last week in our scene setter we discussed the FAA budget proposal for FY2016 in context of its place within overall discretionary spending. We noted that discretionary spending is an increasingly smaller part of the federal budget and capped in statute by the Budget Control Act to allow for a less than one percent increase in spending next year. We also noted that in response to this situation the President has three choices:

  1. Submit a budget proposal adhering to the caps;
  2. Ignore the caps, propose spending increases and let Congress agree or make cuts to his proposals;
  3. Propose new user fees and taxes to offset any proposed spending increases.

The President’s budget proposal essentially uses elements of choices #2 &#3. His overall discretionary spending numbers are 7% above the caps and the overall proposed budget would still deficit spend by $474 billion.

Discretionary Spending Caps (in billions)
Enacted FY15 Current Law FY16 President FY 16
 (proposed)
Defense $521 $523 $561
Non-defense $492 $493 $530
Total $1,013 $1,016 $1,091

The ball is now in Congress’ court. It can live within the discretionary caps, which limit overall funding increases to less than one percent, and develop appropriations bills that are essentially flat. This would be difficult for many agencies to absorb. For example, given increased annual costs in categories such as FAA operations, a flat budget will essentially represent a cut to other parts of the FAA budget.

However, the President’s offer of increased defense discretionary spending may be intriguing to many congressional Republicans and could serve as the basis for a compromise similar to the Ryan-Murray agreement in 2013 when the discretionary caps were adjusted using various budgetary slight-of-hands to offset the increased funding.

By Bill Deere, Senior Vice President for Government and External Affairs

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Aviation and the Lame Duck Session

November 14, 2014

By Bill Deere, NATA Senior Vice President for Government and External Affairs

The mid-term elections are concluded, the people have spoken, and Congress returned on Wednesday from two months of campaigning for a lame duck session that is expected to end in mid-December.  For those of you unfamiliar with the term, “lame duck session” is the nickname for a session of Congress that follows an election and includes lawmakers who will not be members of the next Congress, having decided to retire or were defeated.

Initially, it was thought that should control of the Senate change hands as a result of the election, very little legislative activity would occur in the lame duck.  However, even with Republicans winning control of the Senate, an effort is being made to act on at least two fronts, appropriations and taxes.

FAA Appropriations

Before adjourning, lawmakers approved legislation funding the government through December 11th. The legislation also contained other provisions including a nine month extension of the Export-Import Bank.  As a result, the FAA has been operating since October 1st at funding levels below the increases recommended for the agency by the House and Senate Appropriations Committees.

The expiration of government funding on December 11th was deliberately chosen by House and Senate appropriators to give them time to develop an “omnibus” spending package for the balance of the fiscal year.  This omnibus bill would literally wrap all twelve spending bills into one massive piece of legislation.  Should that occur, we expect the FAA will secure a funding increase that will also include bill language requiring funding of contract towers and prohibiting the development of unauthorized user fees.

Of course, the biggest decision is whether or not to move such a package.  At this writing it appears House Republicans are divided about whether to take up a full year spending package or extend government funding for a few months and revisit the issue in the new Congress.

Tax Extenders

NATA has been serving as one of the leading members of a multi-industry coalition of supporters that includes the U.S. Chamber and the National Association of Manufacturers, in support of renewing a package of approximately 55 tax provisions that expired at the end of 2013.

The “extenders” of particular interest to our industry are the immediate expensing of 50% of new investments in equipment and software commonly referred to as “bonus depreciation” and its small business counterpart known as Section 179 expensing.

The House and Senate have approached the issue in different manners.  The Senate Finance Committee approved a two-year extenders package that included bonus depreciation and Section 179.  The full House approved a series of bills making certain extenders permanent changes in tax law, including both Bonus and Section 179.

Similar to the appropriations situation, the fate of extenders remains fluid.  While it is doubtful that the House approach will be fully accepted by the Senate Finance Committee, its chairman, Senator Ron Wyden (D-OR), has indicated his willingness to explore a mix of permanent and multi-year extenders.  While a failure to act this year could make filing season very problematic, there is nevertheless an ongoing discussion about the advantages of acting on extenders retroactively in the new Congress.

NATA and other coalition members are meeting with key members of the tax writing committees and the congressional leadership to coordinate efforts toward adoption of a permanent or multi-year extenders package.

Other Aviation Issues

The House Transportation and Infrastructure Committee is taking advantage of the lame duck session to jump start its work on the FAA reauthorization.  On Tuesday the 18th the full committee will hold a hearing entitled: “FAA Reauthorization: Issues in Modernizing and Operating the Nation’s Airspace.”  In addition, the Senate Commerce Committee approved the nomination of Christopher Hart to serve as Chairman of the National Transportation Safety Board.  Action by the full Senate is still required before adjournment.


Latest FAA Reauthorization Extension Anything But Typical

August 6, 2010

Bill Includes Aviation Safety Measures Posing Significant Burdens on Air Carriers

President Obama signed into law a bill extending federal aviation programs through September 30, 2010.  This extension is unlike the more than one dozen previous extensions because it includes several reforms intended to improve airline pilot qualifications and safety.  For a more detailed analysis of the bill, please see NATA’s legislative report.  The bill imposes regulatory requirements that create a significant burden on all pilot employers and mandates new flight, duty and rest rules. 

During U.S. House of Representatives Floor deliberations, Aviation Subcommittee Chairman Jerry Costello (D-IL) stated, “Regional airlines have been involved in the last seven fatal U.S. airline accidents, and pilot performance has been implicated in four of these accidents.”  The legislation attempts to strengthen pilot training requirements and qualifications by requiring pilots to have 1,500 hours to qualify for the FAA airline transport pilot license. But an arbitrary hour requirement does not directly correlate to a safer, more experienced pilot in commercial aircraft.  Rather, the quality of the pilot’s experience is what has greater import.  Even more troubling is the bill’s establishment of the pilot records database that forces any entity employing a pilot (including flight schools and corporate flight departments) to enter data on that pilot’s performance regularly.

As further extensions of the federal aviation programs seem inevitable, let’s revisit why delaying FAA reauthorization is problematic for our national airspace system.  Authorization bills such as the Vision 100- Century of Aviation Reauthorization Act, which expired on September 30, 2007, provide contract authority for most federal aviation programs such as the Airport Improvement Program that affords grants to support capital investments at airports.  As you know, these funds are critical to ensuring federal investment in our transportation infrastructure and maintaining the safety of the systems and programs.  The role of the appropriations process is to provide budget authority so overall federal spending for the FAA stays at a targeted level.  Lack of long-term authorizations creates uncertainty, erodes stability, and makes it difficult for states and transportation agencies to plan for current as well as future investments in our national airspace system. 

Submitted by: NATA’s Director of Legislative Affairs Kristen Moore and Director of Regulatory Affairs Jacqueline Rosser

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