S.Amdt. 4661

SA 4661. Mr. KERRY (for himself and Mr. Lautenberg) submitted, under authority of the order of the Senate of May 2, 2008, an amendment intended to be proposed by him to the bill H.R. 2881, to amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2008 through 2011, to improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. AIRCRAFT RESCUE AND FIREFIGHTING STANDARDS.

(a) Rulemaking Proceeding.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a rulemaking proceeding for the purpose of issuing a proposed and final rule that revises the aircraft rescue and firefighting standards under part 139 of title 14, Code of Federal Regulations, to improve the protection of the traveling public, other persons, aircraft, buildings, and the environment from fires and hazardous materials incidents.

(b) Contents of Proposed and Final Rule.--The proposed and final rule to be issued under subsection (a) shall address--

(1) the mission of aircraft rescue and firefighting personnel, including responsibilities for passenger egress in the context of other requirements of the Federal Aviation Administration;

(2) the proper level of staffing;

(3) the timeliness of a response;

(4) the handling of hazardous materials incidents at airports;

(5) proper vehicle deployment; and

(6) the need for equipment modernization.

(c) Consistency With Voluntary Consensus Standards.--The proposed and final rule issued under subsection (a) shall be, to the extent practicable, consistent with national voluntary consensus standards for aircraft rescue and firefighting services at airports.

(d) Assessments of Potential Impacts.--In the rulemaking proceeding initiated under subsection (a), the Administrator shall assess the potential impact of any revisions to the firefighting standards on airports and air transportation service.

(e) Inconsistency With Standards.--If the proposed or final rule issued under subsection (a) is not consistent with national voluntary consensus standards for aircraft rescue and firefighting services at airports, the Administrator shall submit to the Office of Management and Budget an explanation of the reasons for such inconsistency in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783).

(f) Small Airport Exemption.--

(1) In general.--The Administrator may exempt any airport designated as an Index A or Index B under part 139 of title 14, Code of Federal Regulations, from the rule issued under subsection (a) if such airport petitions for such an exemption, in accordance with regulations promulgated by the Administrator.

(2) Savings provision.--Notwithstanding any other provision of this section, airports that file a petition under paragraph (1) shall be subject to the airport rescue and firefighting standards under part 139 of title 14, Code of Federal Regulations, in effect as of the date of the enactment of this Act, until the date on which the Administrator requires that such airports comply with the rule issued under subsection (a).

(g) Final Rule.--Not later than 2 years after the date of the enactment of this Act, the Administrator shall issue the final rule required under subsection (a).