Proposed Cuts to Air Traffic Control Towers Under Budget Sequestration: Background and Considerations for Congress

Bart Elias
Specialist in Aviation Policy
Budgetary flexibility enacted under the Reducing Flight Delays Act of 2013 (P.L. 113-9) has permitted the Federal Aviation Administration (FAA) to cancel plans to close 149 air traffic control towers operated by contractors, a measure it had proposed to address funding decreases brought about by the budget sequester. On March 22, 2013, FAA announced the planned tower closures. The closures were originally planned for April 2013, but the closure was pushed back to June 2013 and then abandoned due to receipt of new authority in P.L. 113-9 allowing funds to be transferred from other FAA accounts to FAA operations. FAA had also named 72 air traffic control facilities that would cease operations late at night as a cost-saving measure, but elimination of FAA controller furloughs subsequent to passage of P.L. 113-9 led FAA to cancel these plans as well.

Roughly 10% of U.S. airports have operating control towers, although many towers close at night when flight activity is low. Closure of a tower does not mean closure of an airport: At airports where no tower is operating, pilots use established traffic patterns and procedures to avoid other aircraft. The towers that were slated for closure have no radar approach control capabilities and perform air traffic separation functions using procedures for visual flight. These airports can handle aircraft in poor weather on a limited basis, but unlike airports with radar approach control they cannot handle multiple aircraft on approach in low visibility and clouds.

About half of the roughly 500 towers in the United States are operated by private firms under contract to FAA. Sixteen of the contract towers are partially funded through local (non-federal) shares of up to 20%, while 235, including the 149 identified for closure, have been fully funded by FAA. The cost-share towers are currently partially funded through a separate federal appropriation that is subject to the 5.3% sequester cut, but they were not slated to be closed in FY2013. A tower scheduled to close could be converted to a non-federal tower if a local community were willing to fully fund the tower’s operation. Non-federal towers are still regulated, but not funded, by FAA.

FAA has historically relied on a benefit-to-cost ratio methodology for establishing and discontinuing air traffic control tower operations. This methodology quantifies the safety and efficiency benefits of a tower in reducing aircraft collisions and other accidents and reducing flight times, and identifies established towers for possible closure or conversion to cost-share or non-federal towers if their benefit-to-cost ratio falls below one. However, all towers identified for closure under the sequestration cuts have benefit-to-cost ratios greater than one. Long-term tower closures would have relatively small but measureable impacts on safety and efficiency, and could cause a shift in both commercial and general aviation traffic to busier airports where towers remain open, depending on how airlines and other aircraft operators respond.

Legislation to maintain federal control tower funding and a measure to increase tower staffing at busy airports are under consideration in the 113th Congress. S. 687 would prohibit the closure of any air traffic control tower in FY2013 and FY2014. S.Amdt. 45 had sought to maintain funding for the FAA contract towers to prevent their closure, but was not considered on the floor in the Senate. H.R. 66, pending in the House Transportation and Infrastructure Committee, would increase staffing minimums for towers at busier commercial airports, which could put additional fiscal pressures on FAA to close low-activity towers or reduce their operating hours.



Date of Report: May 16, 2013
Number of Pages: 12
Order Number: R43021
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Proposed Cuts to Air Traffic Control Towers Under Budget Sequestration: Background and Considerations for Congress

Bart Elias
Specialist in Aviation Policy

On March 22, 2013, the Federal Aviation Administration (FAA) announced it would close 149 air traffic control towers operated by contract firms. Originally scheduled for April 2013, FAA has delayed the closures until June 15, 2013. FAA took this action as a budget reduction measure under the sequestration cuts called for in the Budget Control Act of 2011 (P.L. 112-25) subsequent to the Joint Select Committee on Deficit Reduction’s failure to reach a deficit reduction agreement by March 1, 2013. FAA may close additional towers staffed with FAA controllers during FY2013 pending negotiations with FAA labor unions regarding the manner in which sequestration cuts will be implemented. FAA also named 72 air traffic control facilities that may close late at night as it seeks to meet a statutorily imposed reduction of 5.3% in spending for air traffic operations.

Prior to the cuts, roughly 10% of U.S. airports had operating control towers, although many towers close at night when flight activity is low. Closure of a tower does not mean closure of an airport: At airports where no tower is operating, pilots use established traffic patterns and procedures to avoid other aircraft. The towers slated for closure have no radar approach control capabilities and perform air traffic separation functions using procedures for visual flight. These airports can handle aircraft in poor weather on a limited basis, but unlike airports with radar approach control they cannot handle multiple aircraft on approach in low visibility and clouds.

About half of the roughly 500 towers in the United States are operated by private firms under contract to FAA. Sixteen of the contract towers are partially funded through local (non-federal) shares of up to 20%, while 235, including the 149 identified for closure, have been fully funded by FAA. The cost-share towers are currently partially funded through a separate federal appropriation that is subject to the 5.3% sequester cut, but will not be closed in FY2013. FAA has indicated plans to close the cost-share towers in FY2014. A tower scheduled to close could be converted to a non-federal tower if a local community were willing to fully fund the tower’s operation. Non-federal towers are still regulated, but not funded, by FAA.

FAA has historically relied on a benefit-to-cost ratio methodology for establishing and discontinuing air traffic control tower operations. This methodology quantifies the safety and efficiency benefits of a tower in reducing aircraft collisions and other accidents and reducing flight times, and identifies established towers for possible closure or conversion to cost-share or non-federal towers if their benefit-to-cost ratio falls below one. However, all towers identified for closure under the sequestration cuts have benefit-to-cost ratios greater than one. Long-term tower closures would have relatively small but measureable impacts on safety and efficiency, and could cause a shift in both commercial and general aviation traffic to busier airports where towers remain open, depending on how airlines and other aircraft operators respond.

Legislation to maintain federal control tower funding and a measure to increase tower staffing at busy airports are under consideration in the 113th Congress. S. 687 would prohibit the closure of any air traffic control tower in FY2013 and FY2014. S.Amdt. 45 had sought to maintain funding for the FAA contract towers to prevent their closure, but was not considered on the floor in the Senate. H.R. 66, pending in the House Transportation and Infrastructure Committee, would increase staffing minimums for towers at busier commercial airports, which could put additional fiscal pressures on FAA to close low-activity towers or reduce their operating hours.


Date of Report: May 7, 2013
Number of Pages: 12
Order Number: R43021
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Sequestration at the Federal Aviation Administration (FAA): Air Traffic Controller Furloughs and Congressional Response

Bart Elias
Specialist in Aviation Policy

Clinton T. Brass
Specialist in Government Organization and Management

Robert S. Kirk
Specialist in Transportation Policy

In response to across-the-board funding reductions in federal programs through the budget sequestration process implemented in FY2013, the Federal Aviation Administration (FAA) began to furlough personnel, including air traffic controllers, on April 21, 2013. In conjunction with air traffic controller furloughs, FAA implemented various air traffic management initiatives to mitigate impacts of the reduced staffing on controller workload. This resulted in some delays affecting about 3%-4% of flights, with some acute delay impacts occurring in congested airspace, particularly in the New York City area.

Amid concerns over the impacts of air traffic controller furloughs, Congress passed the Reducing Flight Delays Act of 2013 (P.L. 113-9). The act authorized FAA to transfer up to $253 million from funding available for airport grants or other FAA programs and accounts to the FAA operations account for necessary costs to prevent reduced operations and staffing and ensure a safe and efficient air transportation system. Following passage of this legislation in Congress, FAA suspended all employee furloughs and resumed air traffic control operations under normal procedures and full staffing levels.

Prior to the April 2013 furloughs, FAA furloughed employees in the summer of 2011. However, the FAA furlough actions associated with sequestration had a different legal basis and were consequently implemented quite differently. The summer 2011 furloughs arose as a result of a lapse in authority to collect Airport and Airways Trust Fund (AATF) revenues, the sole funding source for FAA’s facilities and equipment (F&E) account, the Airport Improvement Program (AIP), and research, engineering, and development activities. Expenditure authority for AIP also expired in the summer of 2011. The expiration of these authorities resulted in immediate furloughs for most employees funded from these accounts. Some employees funded through the F&E account responsible for ensuring the safety and reliability of navigation and communications equipment were ordered to stay on the job. Employees paid through FAA’s operations account, including air traffic controllers, were not furloughed in 2011.

Certain AIP grants-in-aid funds for airport development and planning are now subject to provisions of the Reducing Flight Delays Act of 2013. It appears that the transfer of the designated AIP discretionary funds to air traffic operations reduces the amount made available to airports under 49 U.S.C. 48103. This has implications for both the eventual spending of AIP discretionary funds and the calculation of the amount of AIP entitlement funding available for distribution.

• Unless Congress takes further action, the transferred funds will eventually lead to real reductions in AIP discretionary spending. 
• FAA may need to stop or reduce its AIP discretionary grant making for the remainder of FY2013 to comply with the act. 
• Individual airports’ formula “entitlements” could be reduced for the remainder of the fiscal year if FAA transfers most or all of the $253 million allowed under the act.

Date of Report: May 7, 2013
Number of Pages: 13
Order Number: R43065
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