U.S. officials blast European Union's `hush kit' restrictions

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WASHINGTON -- The U.S. aerospace industry has lost $1 billion and likely will lose more due to a thorny European Union regulation that would restrict the use of aircraft fitted with so-called hush-kit noise-reduction devices, according to officials testifying before the House aviation subcommittee.

Subcommittee chairman Rep. John Duncan (R-Tenn.) characterized the EU's hush-kit rule as an "act of trade war" with the U.S.

David Marchick, the State Department's deputy assistant secretary for transportation affairs, testified the rule was "one of the clearest acts of discrimination against the United States."

Approved by the European Parliament, the EU rule bans commercial aircraft equipped with replacement engines or quieting devices from operating in European airspace. However, quieting devices marketed by Airbus would be allowed, leading the U.S. to claim the EU rule largely is protectionist.

Some committee members, including Rep. Jack Metcalf (R-Wash.), urged Clinton administration officials to mount some "retaliation" in response to the hush-kit rule.

"This is an economic issue masquerading as a noise issue," said Rep. James Oberstar (D-Minn.), the committee's ranking minority member. Oberstar has introduced a bill (H.R. 661) that would impose tough noise standards to prohibit supersonic airplanes, such as the Concorde, from landing in the U.S. if the EU rule is implemented.

In response, the EU, whose representatives were in Washington last week meeting with the Clinton administration, delayed implementation of the rule until May 8, 2000.

The Clinton administration and aerospace companies have criticized the EU for circumventing noise-reduction criteria agreed to under the International Civil Aviation Organization (ICAO), a United Nations body, to create its own noise standards.

"If this rule is enacted, it will stand clearly for the proposition that any country or region can ignore its international obligations and confer an advantage to its own industry by passing an `environmental regulation' without a shred of evidence of any environmental benefit," John Douglass, president and chief executive officer of the Aerospace Industries Association of America told the committee.

In the meantime, Douglass and lawmakers contend the hush-kit rule is drying up the market for U.S.-made, hush-kit-fitted aircraft and parts around the world.

So far, the Clinton administration has followed diplomatic channels to negotiate the dispute. But the administration has threatened to take the unusual step of filing a formal complaint with the ICAO against the European Union unless some progress is made toward resolving the issue this fall.

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