Requirements of New FAA Mod & Safety Improvement Law Listed

As enacted the new law, Public Law 112-95, contains the following provisions of interest:

Lithium Battery Provision Prevents U.S. from Exceeding Int’l Standards

The new law prevents (with one exception) the FAA Administrator from issuing or enforcing any regulation or other requirement regarding the transportation by aircraft of lithium metal cells or batteries or lithium ion cells or batteries¹, whether transported separately or packed with or contained in equipment, if the requirement is more stringent than the requirement of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air².

An exception in the new law allows the FAA Administrator to enforce the prohibition on transporting primary (nonrechargeable) lithium batteries and cells aboard passenger carrying aircraft set forth in 49 CFR 172.102(c)(2), as in effect on the date of enactment.

Domestic Cargo and Other Excise Taxes Extended

The law extends through September 30, 2015, excise taxes that fund the Airport and Airway Trust Fund, including the tax on air cargo (freight) transportation of 6.25% of the amount charged for domestic transportation (no tax is imposed on international cargo transportation and the tax applies only to transportation that both begins and ends in the U.S.). When the original bill passed the Senate, the excise tax extension was through September 30, 2014, but the year was changed to 2015 by the House and Senate conference committee.

(This excise tax had previously been extended through February 17, 2012. See ITT’s Online Archives 12020112 for summary of the enactment of H.R. 3800, a short-term Airport and Airway Extension Act.)

GAO Study on Impact of on Aviation Fuel Prices on Aviation Exports

This new law requires the Government Accountability Office to conduct a study and report to Congress, not later than 180 days after the date of enactment, on the impact of increases in aviation fuel prices on the Airport and Airway Trust Fund and the aviation industry, in general. The study will include an assessment of the impact of increases in aviation fuel prices on, among other things, aviation exports.

Law Requires Study of Limiting Access to Flight Decks of All-Cargo Aircraft

Not later than 180 days after the date of enactment of this Act, the Administrator of the FAA, in consultation with appropriate air carriers, aircraft manufacturers, and air carrier labor representatives, will conduct a study to assess the feasibility of developing a physical means, or a combination of physical and procedural means, to prohibit individuals other than authorized flight crewmembers from accessing the flight deck of an all-cargo aircraft. Not later than one year after the date of enactment of this Act, the Administrator will submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

¹During House consideration of H.R. 658, Representative Filner (D) filed an amendment which would have restricted air shipments of lithium batteries. However, that amendment was withdrawn prior to the passage of H.R. 658.

²2009-2010 edition, as amended (including amendments adopted after the date of enactment)

(See ITT’s Online Archives 12021352 for information on the congressional passage of H.R. 658.)

Enrolled text of H.R. 658 is available here.