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.