05/06/1997 04:15 PM Senate TRA

                                                                               
                   HJR 27 FAA "COMMUTER RULE"                                 
                                                                              
 Number 163                                                                    
                                                                               
  CHAIRMAN WARD  introduced  HJR 27  as the next order of business.            
                                                                               
  JOHNNY HAWK , Staff to Representative Ivan, read the following               
 sponsor statement into the record:                                            
                                                                               
 House Joint Resolution 27 proposes that the Federal Aviation                  
 Administration grant specific petitions for exemption from                    
 individual operators affected by the "Commuter Rule."  An exemption           
 would ensure that safety is not diminished because the aircraft               
 currently utilized, the Twin Otter, has a good safety record based            
 on statistics on aircraft accidents in Alaska.                                
                                                                               
 The Commuter Rule applies to any aircraft capable of carrying ten             
 or more passengers under Part 121 of the FAA rules which applies to           
 major operators such as United Airlines, Alaska Airlines and any              
 other major operators in the nation.  Twin Otters currently operate           
 under Part 135 of the FAA rules which apply to small aircraft.  The           
 Commuter Rule became effective on March 20, 1997.                             
                                                                               
 Rural Alaska relies totally on air transportation for passenger               
 travel and moving goods and services.  The aircraft affected by the           
 Commuter Rule is the Twin Otter which carries 10 to 19 passengers             
 and has twin-engine with turbo-props.  This aircraft has a larger             
 load capacity than a Cessna 206 or 207 and has a comparable                   
 approach speed.  The Twin Otter has a better safety record than               
 those of smaller aircraft.  There were a total of 67 accidents in             
 1995/1996 and 7 of those occurred in 10 plus seat aircraft.                   
                                                                               
 The FAA has been given specific authority by Congress to provide              
 exemptions to small air carriers in Alaska from provisions of the             
 Commuter Rule.  This resolution is requesting just that.                      
                                                                               
 Mr. Hawk informed the committee that when HJR 27 was heard in House           
 Transportation the Alaska Air Carriers Association, ERA Aviation,             
 Cape Smythe Air, and Frontier Aviation supported HJR 27.                      
                                                                               
  CHAIRMAN WARD  noted that there was an amendment in the packet and           
 asked Mr. Hawk if he would like that to be offered.   JOHNNY HAWK             
 replied yes.                                                                  
                                                                               
  SENATOR GREEN  moved Amendment 1.                                            
                                                                               
                          Amendment 1                                          
                                                                               
   Page 2, line 28, following "Transportation;":                               
    Insert "Guy S. Gardner, Associate Administrator for                        
    Regulation and Certification, Federal Aviation                             
    Administration, U.S. Department of Transportation;"                        
                                                                               
 Without objection, Amendment 1 was adopted.                                   
                                                                               
  SENATOR HALFORD  asked Mr. Hawk if there was any House discussion            
 with DOT regarding the possible cost savings to the state and small           
 airports of avoiding Part 121 operations.   JOHNNY HAWK  said that            
 there was no discussion on that possibility.  Mr. Hawk noted that             
 some small air carriers have removed seats from the air craft in              
 order to meet the requirements under Part 121.  Part 121 is very              
 onerous to the small operators.   SENATOR HALFORD  believed that it           
 cost the state money in terms of the standards applied to locations           
 and airports.  There are many state reasons for exemptions for the            
 air carrier rule.                                                             
                                                                               
  SENATOR LINCOLN  asked if any groups or individuals opposed HJR 27.          
  JOHHNY HAWK  stated that there was no stated opposition to HJR 27 in         
 House Transportation.                                                         
                                                                               
  SENATOR WILKEN  said that there are two problems with HJR 27 which           
 really relate more to Part 121.  Part 121 is a result of some of              
 the commuter crashes in the Lower 48, but Alaska does not have the            
 same situation as the Lower 48.  Part 121 addresses air craft with            
 10 seats or greater.  In Alaska, most of the crashes occur with air           
 craft having nine seats or less.  The wrong tool is being used to             
 fix the problem.  Senator Wilken informed everyone that Frontier              
 Airlines had applied to the federal government for an exemption               
 which was denied.  Frontier Airlines has already spent a lot of               
 money for modifications.  Now with HJR 27, airlines who have waited           
 will not have to comply and therefore end up with a competitive               
 advantage.  This issue should have been addressed earlier.                    
                                                                               
  JOE SPAUGE , ERA Aviation, noted that the Commuter Rule went into            
 effect March 20th.  Several air carriers have submitted certain               
 petitions for exemption that were granted in some cases and denied            
 in others.  Mr. Spauge agreed with Senator Wilken's remarks that              
 this issue should have been addressed earlier.  Mr. Spauge believed           
 that it would be worthwhile to pass HJR 27 due to the need for                
 continued relief from the Commuter Rule for those that did or did             
 not receive exemptions.  Passage of HJR 27 will be a valuable tool            
 in dealing with the FAA on this issue.                                        
                                                                               
  SENATOR WILKEN  moved to report SCS HJR 27(TRA) out of committee             
 with individual recommendations and the attached zero fiscal note.            
 Without objection, it was so ordered.