[Congressional Record Volume 169, Number 134 (Tuesday, August 8, 2023)]
[Extensions of Remarks]
[Pages E760-E761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SPORTS LEAGUES' CONCERNS ON FLIGHT RESTRICTIONS WAIVER
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HON. TED LIEU
of california
in the house of representatives
Tuesday, August 8, 2023
Mr. LIEU. Mr. Speaker, I include in the Record a Statement of
Administration Policy about protected airspace over major sporting
events. Temporary Flight Restrictions over stadiums and related
facilities have been in effect for over 20 years, since Congress first
enacted them into law in 2002. Congress acted not to protect the
stadiums themselves, but the millions of fans who attend events and the
athletes who compete in them. I submit as well a letter from the
security directors of the National Football League, Major League
Baseball, the National Collegiate Athletic Association and NASCAR, in
which they affirm that the Temporary Flight Restrictions. which
Congress created, form an essential part of the security architecture
that protects these events. Section 813 of the pending bill opens up
this airspace, putting those fans and athletes at undue risk. There is
no valid public policy reason for it. I urge that before this
legislation becomes public law, the decision to weaken these
restrictions be reversed and the current law be left undisturbed.
Statement of Administration Policy
H.R. 3935--Securing Growth and Robust Leadership in American Aviation
Act
July 17, 2023
The Administration supports enactment of a Federal Aviation
Administration (FAA) reauthorization bill and applauds the
bipartisan work of the House Transportation and
Infrastructure Committee. The Administration is focused on
ensuring that the aviation sector works well for the American
people, and reauthorizing the FAA in a timely manner will
help achieve that goal. H.R. 3935, the Securing Growth and
Robust Leadership in American Aviation Act, would enhance
aviation safety; invest in, and improve on-the-job safety
for, our aviation workforce; integrate into the national
airspace system new entrants such as Advanced Air Mobility
and Commercial Space operators; strengthen passenger rights;
and improve our aviation infrastructure.
The Administration looks forward to working with the
Congress to address the Administration's concerns with this
legislation, a number of which are outlined below.
Protection of Aviation Consumer Rights and Promotion of Competition.
The Administration is strongly committed to protecting the
rights of aviation consumers and promoting competition in the
aviation industry. The Administration opposes provisions in
the bill that would reverse important gains made by this
Administration to combat junk fees in the airline industry
and would eliminate longstanding consumer protections. The
Administration believes that the disclosure requirements
currently in place for passenger tickets are necessary to
help consumers comparison shop for a ticket. The
Administration encourages the Congress to include the
Administration's proposals to expand consumer protections by
banning family seating junk fees, requiring up-front
disclosure of add-on fees, and requiring automatic refunds
and additional compensation for controllable flight
cancellations and delays. The Administration further supports
opening up airport gate access and preventing anticompetitive
practices that block new entrants.
International Commitments.
While the Administration appreciates the language aimed at
ensuring continued U.S. implementation of Open Skies
agreements while promoting labor standards for U.S.-based
aviation sector workers, the Administration also urges the
Congress to add provisions to implement U.S. international
commitments and ensure our aviation partners follow suit. The
bill should be amended to include provisions for U.S.
implementation of global market-based measures of the
International Civil Aviation Organization, and to establish
U.S. leadership relating to the understanding and mitigation
of the non-Greenhouse Gas climate impacts of aviation.
Agency Restructuring.
While the Administration supports the goal of improving the
efficiency of the organizational structure of the FAA, it
does not support the proposed changes in FAA rulemaking
review and the weakening of the Administrator's ability and
authority to determine the appropriate size and allocation of
the air traffic controller workforce. The Administration also
has concerns with provisions that would make fundamental
changes to the agency's structure, eroding the discretion of
the Administrator to manage the agency in the most efficient
manner.
Implementation Timelines and Program Changes.
The legislation includes multiple rulemakings, reviews,
reports, and other requirements with aggressive time lines,
along with the creation of numerous programs that are not
conditioned on the availability of appropriations.
The Administration is also concerned that proposed major
structural changes to airport infrastructure programs are
untested, and may be difficult to implement depending on the
level of resources made available. The bill would also reduce
the amount of competitive airport grant funding, which would
reduce the FAA's ability to address important safety and
capacity issues.
Standards for Airport Service Workers.
The Administration urges the Congress to include provisions
that will improve job quality for, and therefore aid in the
recruitment and retention of, those who clean planes, handle
baggage, assist passengers who use wheelchairs, and provide
other services critical to safe, stable, and timely
operations for aviation customers.
Age Standards for Pilots.
The bill includes a provision that would raise the
retirement age for pilots in commercial operations. Making
this change without doing research and establishing any
necessary policies would be outside the international
standard.
Maintaining Safe and Secure Airspace During Major Sports Events.
While the Administration supports the goal of providing
accessibility to and public use of the national airspace, it
is concerned that provisions proposed in the bill could
introduce unnecessary risks to those attending major sporting
events if the effectiveness of safety and security buffers
currently provided by temporary flight restrictions were to
be decreased. To the extent that the proposed provisions are
intended to accommodate airshows, the Administration urges
the Congress to consider alternative methods to deconflict
airshows and major sports events rather than potentially put
aviation operations in close proximity to events attended by
millions of Americans each year.
July 18, 2023.
Dear Members of Congress: We write to urge you to oppose
the weakening of a law that protects the millions of sports
fans and spectators who attend professional and collegiate
sporting events each year. The current statutory ban on
aircraft--including unmanned aircraft systems (``UAS'') or
drones--flying over large stadium sporting events throughout
the country provides necessary safety and security
protections against real and potential threats.
We are deeply concerned about section 813 ofthe House
version ofthe Federal Aviation Administration (``FAA'')
Reauthorization Act. If adopted, the language would establish
a broad and complex waiver program that would permit
countless aircraft to fly near and over stadiums during
games, putting millions of fans at risk, and unnecessarily
so. Congress wisely eliminated a similar waiver program back
in 2003, after discovering troubling and persistent failures,
gaps, and vulnerabilities in the process for conducting
background checks and issuing waivers.
[[Page E761]]
The FAA first established flight restrictions over large
stadium sporting events immediately following the terrorist
attacks of September 11, 2001, in response to concerns about
terrorists using aircraft as weapons. Congress subsequently
twice codified and strengthened these restrictions, providing
specific criteria for aircraft operations permitted within
the flight restricted area. Section 813 would effectively
eliminate the specific criteria and replace it with an open-
ended waiver program.
The long-standing, congressionally mandated flight
restriction enhances the safety and security of large stadium
events, while minimizing the disruption to the National
Airspace System (``NAS''). Specifically, airspace over large
stadiums--with a seating capacity of 30,000 people or more
and where a NFL, MLB, and NCAA Division I football games or
major motor speedway events, such as NASCAR and INDYCAR
races, are taking place--is closed to all aircraft from one
hour before until one hour after a major sporting event. The
flight restrictions extend to three nautical miles from the
center of the stadium and from the surface to 3,000 feet
above the stadium. The flight restrictions do not apply to
authorized aircraft, such as Department of Defense, law
enforcement or air ambulance flight operations, or those in
contact with air traffic control for take offs and landings
at nearby airports, among others.
Having devoted substantial resources to secure our stadiums
on the ground, we regard the stadium flight restriction as
essential to safeguarding the airspace overhead. Moreover,
given the proliferation of UAS in our NAS, as well as the
continuing need to remain vigilant to other current and
emerging risks, the stadium flight restriction is as vital
now as ever to our national security and public safety. We
believe section 813 complicates the airspace over stadiums,
compromises public safety and security, and courts potential
disaster.
We, therefore, urge you to uphold current law and maintain
existing flight restrictions that protect the safety and
security of millions of fans who attend large stadium
sporting events every year.
Sincerely,
Cathy Lanier,
Chief Security Officer, National Football League.
David Thomas,
Vice President, Security and Ballpark Operations, Major
League Baseball.
Bill Rhodes,
Managing Director, Security, National Association for Stock
Car Auto Racing.
Dan Gavitt,
Senior Vice President, National Collegiate Athletic
Association.
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