In a move that continues an ongoing dispute between pilots and FBOs and airports, the Senate has included a provision in its version of the comprehensive FAA reauthorization bill that would tie pricing and disclosures for fuel and other services to Airport Improvement Program fund grant assurances.
The Aircraft Owners and Pilots Association (AOPA) has long pushed for full disclosure of FBO pricing and has contended actions taken by FBOs on that front have not gone far enough. Further, AOPA has urged Congress to mandate airports to provide ramp space for aircraft that do not need services without having to pay FBO fees.
Earlier this month, Sen. Ted Budd (R-North Carolina.) introduced a bill—the General Aviation Airport Access Act (S.1847)—that would essentially accomplish that. The bill would permit the airport to charge a fee for the use of a transient apron but require FBOs and airports to provide free access between the apron and the outside perimeter.
AOPA indicated that some 600 organizations backed the measure. “Addressing this issue is long overdue, it’s more than fair, and it’s the right thing to do,” said AOPA president Mark Baker.
FBOs and airports, however, have argued that a blanket mandate would not work at all airports and that it does not take into account insurance and other expenses FBOs must pay to accommodate transient aircraft should operators need to use their space.
The Senate provision does not go as far as to require mandatory transient ramp space—however, talks of such an amendment have been floated. It does, however, call for FBOs that operate facilities at three or more public-use airports where fuel, parking, and other services are offered to general aviation aircraft to publicly disclose all prices and fees in an “open and conspicuous manner,” including at the point of purchase, in print, and on the internet. This covers all retail, discounted, or other prices and whether they are accepted as payment in full.
Along with disclosure, the provision says, “the airport owner or operator will not impose unreasonable fees for transient aircraft parking that exceed the airport’s cost to operate and maintain the area where such transient aircraft may park.”
The National Air Transportation Association has expressed opposition to the language and said it was working with a bipartisan group of Senators to offer an amendment that would strike the language from the FAA bill.
In addition, the bill addresses fuel availability, calling for the airport owner to make all types of fuel available to general aviation aircraft that was available during 2022 until the earlier of either Dec. 31, 2030, or when a drop-in replacement for 100-octane low-lead aviation gas is widely available. These requirements would be tied into airport grant assurances.
Spanning more than 450 pages, the Senate’s FAA Reauthorization Act of 2023 would authorize the agency’s programs for five years and cover a host of measures designed to address a range of safety, modernization, workforce, and other issues.
The Senate Commerce Committee had scheduled consideration for this month but that has been pushed off until after the Fourth of July break after a dispute arose over whether to include a measure to count some simulator time toward the requisite 1,500 flight hours for pilots on Part 121 scheduled carriers.
While the bill touches upon many of the similar themes as the House bills, the two FAA reauthorization bills have numerous differences. The FBO provision is not included in the House bill.