§44701. General requirements
Primary source
Verbatim text below is from the United States Code (GovInfo), a public-domain U.S. government work.
Full Text
§44701. General requirements
(a)
(1) minimum standards required in the interest of safety for appliances and for the design, material, construction, quality of work, cybersecurity, and performance of aircraft, aircraft engines, and propellers;
(2) regulations and minimum standards in the interest of safety for—
(A) inspecting, servicing, and overhauling aircraft, aircraft engines, propellers, and appliances;
(B) equipment and facilities for, and the timing and manner of, the inspecting, servicing, and overhauling; and
(C) a qualified private person, instead of an officer or employee of the Administration, to examine and report on the inspecting, servicing, and overhauling;
(3) regulations required in the interest of safety for the reserve supply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel and oil, including the reserve supply of fuel and oil carried in flight;
(4) regulations in the interest of safety for the maximum hours or periods of service of airmen and other employees of air carriers; and
(5) regulations and minimum standards for cybersecurity and other practices, methods, and procedures the Administrator finds necessary for safety in air commerce and national security.
(b)
(1) an air carrier to whom a certificate is issued under section 44705 of this title; and
(2) operating an airport serving any passenger operation of air carrier aircraft designed for at least 31 passenger seats.
(c)
(d)
(1) consider—
(A) the duty of an air carrier to provide service with the highest possible degree of safety in the public interest; and
(B) differences between air transportation and other air commerce; and
(2) classify a regulation or standard appropriate to the differences between air transportation and other air commerce.
(e)
(1)
(2)
(3)
(4)
(A) aircraft registered in the United States and operated pursuant to an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in another country; and
(B) aircraft registered in a foreign country and operated under an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in the United States.
(5)
(A)
(i) the country is the state of design for the product that is the subject of the airworthiness directive;
(ii) the United States has a bilateral safety agreement relating to aircraft certification with the country;
(iii) as part of the bilateral safety agreement with the country, the Administrator has determined that such aeronautical safety authority has an aircraft certification system relating to safety that produces a level of safety equivalent to the level produced by the system of the Federal Aviation Administration;
(iv) the aeronautical safety authority of the country utilizes an open and transparent notice and comment process in the issuance of airworthiness directives; and
(v) the airworthiness directive is necessary to provide for the safe operation of the aircraft subject to the directive.
(B)
(C)
(i) accept an alternative means of compliance, with respect to an airworthiness directive accepted under subparagraph (A), that was approved by the aeronautical safety authority of the foreign country that issued the airworthiness directive; or
(ii) notwithstanding subparagraph (A), and at the request of any person affected by an airworthiness directive accepted under such subparagraph, approve an alternative means of compliance with respect to the airworthiness directive.
(D)
(f)
(g)
(h)
(1)
(A) audits of the application and interpretation of such material by Administration personnel from person to person and office to office;
(B) updating policies, orders, and guidance to resolve inconsistencies and clarify demonstrated ambiguities, such as through repeated inconsistent interpretation; and
(C) ensuring officials are properly documenting findings and decisions throughout a project to decrease the occurrence of duplicative work and inconsistent findings by subsequent officials assigned to the same project.
(2)
(3)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44701(a) | 49 App.:1421(a). | Aug. 23, 1958, Pub. L. 85–726, §§601(a), (b) (1st sentence related to standards, rules, and regulations, last sentence), (c), 604(a) (related to standards), 72 Stat. 775, 778. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44701(b) | 49 App.:1424(a) (related to standards). | |
| 49 App.:1432(a) (related to standards). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §612(a) (related to standards); added May 21, 1970, Pub. L. 91–258, §51(b)(1), 84 Stat. 234; restated Sept. 3, 1982, Pub. L. 97–248, §525(a), 96 Stat. 697. | |
| 49 App.:1655(c)(1). | ||
| 44701(c) | 49 App.:1421(b) (last sentence). | |
| 49 App.:1655(c)(1). | ||
| 44701(d) | 49 App.:1421(b) (1st sentence related to standards, rules, and regulations). | |
| 49 App.:1655(c)(1). | ||
| 44701(e) | 49 App.:1421(c). | |
| 49 App.:1655(c)(1). |
In this section, the word "Administrator" in sections 601(a)–(c) and 604 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 775, 778) is retained on authority of 49:106(g).
In subsection (a), before clause (1), the words "is empowered and it . . . be his duty to" and "and revising from time to time" are omitted as surplus. In clause (1), the words "as may be" are omitted as surplus. In clauses (2)–(5), the words "Reasonable" and "reasonable" are omitted as surplus and the word "rules" is omitted as being synonymous with "regulations". In clause (5), the words "to provide adequately" are omitted as surplus.
In subsection (b)(1), the words "the operation of" are omitted as surplus. The words "under section 44705 of this title" are added for clarity.
In subsection (b)(2), the words "scheduled or unscheduled" are omitted as surplus.
In subsection (c), the words "carry out" are substituted for "exercise and perform his powers and duties under", and the words "in carrying out" are substituted for "in the administration and enforcement of", for consistency and to eliminate unnecessary words.
In subsection (d), before clause (1), the word "rules" is omitted as being synonymous with "regulations". In clause (1), before subclause (A), the word "full" is omitted as surplus. In clause (1)(A), the word "provide" is substituted for "perform" for consistency in the revised title.
In subsection (e), the words "from time to time" are omitted as surplus. The word "rule" is omitted as being synonymous with "regulation".
Pub. L. 103–429
This amends 49:44701(d) and (e) to correct erroneous cross-references.
Editorial Notes
Amendments
2024—Subsec. (a)(1). Pub. L. 118–63, §392(a)(1), inserted "cybersecurity," after "quality of work,".
Subsec. (a)(5). Pub. L. 118–63, §392(a)(2), inserted "cybersecurity and" after "standards for" and substituted "procedures" for "procedure".
Subsec. (g). Pub. L. 118–63, §392(b), added subsec. (g).
Subsec. (h). Pub. L. 118–63, §822, added subsec. (h).
2018—Subsec. (e)(5). Pub. L. 115–254 added par. (5).
2000—Subsecs. (e), (f). Pub. L. 106–181 added subsec. (e) and redesignated former subsec. (e) as (f).
1994—Subsecs. (d), (e). Pub. L. 103–429 substituted "any of sections 44702–44716" for "section 44702–44716".
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Scalability of Safety Management Systems
Pub. L. 118–63, title III, §308, May 16, 2024, 138 Stat. 1072, provided that: "In conducting any rulemaking to require, or implementing a regulation requiring, a safety management system, the Administrator [of the Federal Aviation Administration] shall consider the scalability of such safety management system requirements, to the full range of entities in terms of size or complexity that may be affected by such rulemaking or regulation, including—
"(1) how an entity can demonstrate compliance using various documentation, tools, and methods, including, as appropriate, systems with multiple small operators collectively monitoring for and addressing risks;
"(2) a review of traditional safety management techniques and the suitability of such techniques for small entities;
"(3) the applicability of existing safety management system programs implemented by an entity;
"(4) the suitability of existing requirements under part 5 of title 14, Code of Federal Regulations, for small entities; and
"(5) other unique challenges relating to small entities the Administrator determines appropriate to consider."
National Simulator Program Policies and Guidance
Pub. L. 118–63, title III, §325, May 16, 2024, 138 Stat. 1085, provided that:
"(a)
"(b)
"(c)
"(1) air carriers;
"(2) flight schools certificated under part 141 of title 14, Code of Federal Regulations;
"(3) training centers certificated under part 142 of title 14, Code of Federal Regulations; and
"(4) manufacturers and suppliers of flight simulation training devices (as defined in part 1 of title 14, Code of Federal Regulations, and Appendix F to part 60 of such title).
"(d)
"(1)
"(2)
"(A) how the program described in paragraph (1) is maintained to reflect and account for advancement in technologies pertaining to flight simulation training devices (as defined in part 1 of title 14, Code of Federal Regulations, and appendix F to part 60 of such title);
"(B) the staffing levels, critical competencies, and skills gaps of FAA personnel responsible for carrying out and supporting the program described in paragraph (1); and
"(C) how the program described in paragraph (1) engages air carriers and relevant industry stakeholders, including flight schools, to ensure efficient compliance with part 60 of title 14, Code of Federal Regulations.
"(3)
Aircraft Interchange Agreement Limitations
Pub. L. 118–63, title III, §329, May 16, 2024, 138 Stat. 1086, provided that:
"(a)
"(b)
"(1) Methods for updating regulations under part 121.569 of title 14, Code of Federal Regulations, for foreign interchange agreements.
"(2) Time limits for foreign aircraft interchange agreements.
"(3) Minimum breaks between foreign aircraft interchange agreements.
"(4) Limits for no more than 1 foreign aircraft interchange agreement between 2 airlines.
"(5) Limits for no more than 2 foreign aircraft on the interchange agreement.
"(c)
"(d)
Tarmac Operations Monitoring Study
Pub. L. 118–63, title III, §338, May 16, 2024, 138 Stat. 1093, provided that:
"(a)
"(b)
"(1) Determining the current state of ground source data coverage at airports.
"(2) Understanding the technology requirements for monitoring ground movements at airports through sensors, receivers, or other technologies.
"(3) Conducting data collection through a pilot program established under subsection (c) and collecting ground-based tarmac delay statistics.
"(4) Performing an evaluation and feasibility analysis of potential system-level tarmac operations monitoring solutions.
"(c)
"(1)
"(2)
"(A) include up to 6 airports that the Director determines reflect a diversity of factors, including geography, size, and air traffic;
"(B) terminate not more than 3 years after the date of enactment of this Act; and
"(C) be subject to any guidelines issued by the Director.
"(d)
Improvements to Aviation Safety Information Analysis and Sharing Program
Pub. L. 118–63, title III, §348, May 16, 2024, 138 Stat. 1107, provided that:
"(a)
"(b)
"(1) identify methods to increase the rate at which data is collected, processed, and analyzed to expeditiously share safety intelligence;
"(2) develop predictive capabilities to anticipate emerging safety risks;
"(3) identify methods to improve shared data environments with external stakeholders;
"(4) establish a robust process for prioritizing requests for safety information;
"(5) establish guidance to encourage regular safety inspector review of non-confidential aviation safety and performance data;
"(6) identify industry segments not yet included and conduct outreach to such industry segments to increase the rate of participation, including—
"(A) general aviation;
"(B) air transportation and commercial aviation;
"(C) rotorcraft operations;
"(D) air ambulance operations; and
"(E) aviation maintenance;
"(7) establish processes for obtaining and analyzing comprehensive and aggregate data for new and future industry segments; and
"(8) integrate safety data from unmanned aircraft system operators, as appropriate.
"(c)
"(1) prioritize production-ready configurable solutions over custom development, as appropriate, to support FAA [Federal Aviation Administration] critical aviation safety programs; and
"(2) ensure that adequate market research is completed in accordance with FAA acquisition management system requirements, including appropriate demonstrations of proposed solutions, as part of the evaluation criteria.
"(d)
"(1) to require the Administrator to share confidential or proprietary information and data to safety inspectors for purposes of enforcement; or
"(2) to limit the applicability of section 44735 of title 49, United States Code, to the Aviation Safety Information Analysis and Sharing Program.
"(e)
"(1) an assessment of the progress of the FAA toward achieving milestones for such program identified by the inspector general of the Department of Transportation and the Special Committee to Review FAA Aircraft Certification Reports;
"(2) a description of the plan to use appropriate deployable commercial solutions to assist the FAA in meeting such milestones;
"(3) steps taken to make improvements under subsection (b); and
"(4) a summary of the efforts of the FAA to address gaps in safety data provided from any of the industry segments described in subsection (b)(6)."
Part 135 Duty and Rest
Pub. L. 118–63, title III, §351, May 16, 2024, 138 Stat. 1111, provided that:
"(a)
"(b)
"(1) flight crew assignments;
"(2) flight crew prospective rest notifications;
"(3) compliance with flight and duty times limitations and post-duty rest requirements; and
"(4) duty period start and end times.
"(c)
"(1) inadequate flight crewmember duty and rest periods; and
"(2) incomplete records pertaining to flight crew rest, duty, and flight times.
"(d)
"(1) performing organ transportation operations; and
"(2) who have in place a means by which to identify and mitigate risks associated with flight crew duty and rest."
Ramp Worker Safety Call to Action
Pub. L. 118–63, title III, §353, May 16, 2024, 138 Stat. 1112, provided that:
"(a)
"(b)
"(1) a description of Administration regulations, guidance, and directives related to airport ramp worker safety procedures and oversight of such processes;
"(2) a description of reportable accidents and incidents involving airport ramp workers in 5-year period preceding the date of enactment of this Act, including any identified contributing factors to the reportable accident or incident;
"(3) training and related educational materials for airport ramp workers, including supervisory and contract employees;
"(4) any recommended devices and methods for communication on the airport ramp, including considerations of requirements for operable radios and headsets;
"(5) a review of markings on the airport ramp that define restriction, staging, safety, or hazard zones, including markings to clearly define and graphically indicate the engine ingestion zones and envelope of safety for the variety of aircraft that may park at the same gate of the airport;
"(6) a review of aircraft jet blast and engine intake safety markings, including incorporation of markings on aircraft to indicate engine inlet danger zones; and
"(7) a process for stakeholders, including airlines, aircraft manufacturers, airports, labor, and aviation safety experts, to provide feedback and share best practices.
"(c)
"(1) submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the results of the review and any recommendations for actions or best practices to improve airport ramp worker safety, including the identification of risks and possible ways to mitigate such risks to be considered in any applicable safety management system of air carriers and airports; and
"(2) initiate such actions as are necessary to act upon the findings of the review.
"(d)
"(1) the specific dangers and consequences of entering engine ingestion or jet blast zones;
"(2) proper protocols to avoid entering an engine ingestion or jet blast zone; and
"(3) on-the-job, instructor-led training to physically demonstrate the engine ingestion zone boundaries and jet blast zones for each kind of aircraft the ground crew may encounter.
"(e)
"(f)
Modernization and Improvements to Aircraft Evacuation
Pub. L. 118–63, title III, §365, May 16, 2024, 138 Stat. 1132, provided that:
"(a)
"(1)
"(2)
"(A)
"(i) a prospective risk analysis, as well as an evaluation of relevant past incidents with respect to evacuation safety and evacuation standards;
"(ii) an assessment of the evacuation testing procedures described in section 25.803 of such title 14, as well as recommendations for how to revise such testing procedures to ensure that the testing procedures assess, in a safe manner, the ability of passengers with disabilities, including passengers who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft;
"(iii) an assessment of the evacuation demonstration procedures described in such part 121, as well as recommendations for how to improve such demonstration procedures to ensure that the demonstration procedures assess, in a safe manner, the ability of passengers with disabilities, including passengers who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft;
"(iv) the research proposed in National Transportation Safety Board Safety Recommendation A–18–009; and
"(v) any other analysis determined appropriate by the Administrator.
"(B)
"(i) The ability of passengers of different ages (including infants, children, and senior citizens) to safely and efficiently evacuate a transport category airplane.
"(ii) The ability of passengers of different heights and weights to safely and efficiently evacuate a transport category airplane.
"(iii) The ability of passengers with disabilities to safely and efficiently evacuate a transport category airplane.
"(iv) The ability of passengers who cannot speak, have difficulty speaking, use synthetic speech, or are non-vocal or non-verbal to safely and efficiently evacuate a transport category airplane.
"(v) The ability of passengers who do not speak English to safely and efficiently evacuate a transport category airplane.
"(vi) The impact of the presence of carry-on luggage and personal items (such as a purse, briefcase, laptop, or backpack) on the ability of passengers to safely and efficiently evacuate a transport category airplane.
"(vii) The impact of seat size and passenger seating space and pitch on the ability of passengers to safely and efficiently evacuate a transport category airplane.
"(viii) The impact of seats and other obstacles in the pathway to the exit opening from the nearest aisle on the ability of passengers to safely and efficiently evacuate a transport category airplane.
"(ix) With respect to aircraft with parallel longitudinal aisles, the impact of seat pods or other seating configurations that block access between such aisles within a cabin on the ability of passengers to safely and efficiently evacuate a transport category airplane.
"(x) The impact of passenger load on the ability of passengers to safely and efficiently evacuate a transport category airplane.
"(xi) The impact of animals approved to accompany a passenger, including service animals, on the ability of passengers to safely and efficiently evacuate a transport category airplane.
"(xii) Whether an applicant for a type certificate (as defined in section 44704(e)(7) of title 49, United States Code) should be required to demonstrate compliance with FAA [Federal Aviation Administration] emergency evacuation regulations (as described in section 25.803 and Appendix J of part 25 of title 14, Code of Federal Regulations) through live testing in any case in which the Administrator determines that the new aircraft design is significant.
"(xiii) Any other factor determined appropriate by the Administrator.
"(C)
"(i)
"(ii)
"(b)
"(1)
"(A) review the findings of the study; and
"(B) develop and submit to the Administrator recommendations regarding improvements to the evacuation standards described in parts 25 and 121 of title 14, Code of Federal Regulations.
"(2)
"(A) Representatives of industry.
"(B) Representatives of aviation labor organizations.
"(C) Aviation safety experts with specific knowledge of the evacuation standards and requirements under such parts 25 and 121.
"(D) Representatives of individuals with disabilities with specific knowledge of accessibility standards regarding evacuations in emergency circumstances.
"(E) Representatives of the senior citizen community.
"(F) Representatives of pediatricians.
"(3)
"(A) The recommendations made by any prior aviation rulemaking committee regarding the evacuation standards described in such parts 25 and 121.
"(B) Scientific data derived from the study conducted under subsection (a).
"(C) Any data gathered from aviation safety reporting programs.
"(D) The cost-benefit analysis and risk analysis of any recommended standards.
"(E) Any other item determined appropriate by the Committee.
"(c)
"(1) the findings of the study conducted under subsection (a);
"(2) the recommendations of the Committee under subsection (b)(1)(B); and
"(3) the Administrator's plan, if any, to implement such recommendations.
"(d)
25-Hour Cockpit Voice Recorder
Pub. L. 118–63, title III, §366, May 16, 2024, 138 Stat. 1135, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
"(1) issue a final rule to update applicable regulations, as necessary, to conform to the requirements of subsection (a)(2); and
"(2) issue a rule to update applicable regulations, as necessary, to ensure, to the greatest extent practicable, that any data from a cockpit voice recorder—
"(A) is protected from unlawful or unauthorized disclosure to the public;
"(B) is used exclusively by a Federal agency or a foreign accident investigative agency for a criminal investigation, aircraft accident, or aircraft incident investigation; and
"(C) is not deliberately erased or tampered with following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, for which civil and criminal penalties may be assessed in accordance with section 1155 of title 49, United States Code, and section 32 of title 18, United States Code.
"(d)
"(e)
"(1) the confidentiality of recording and transcripts under section 1114(c) of title 49, United States Code;
"(2) the ban on recording for civil penalty or certificate under section 121.359(h) of title 14, Code of Federal Regulations; or
"(3) the prohibition against use of data from flight operational quality assurance programs for enforcement purposes under section 13.401 of title 14, Code of Federal Regulations.
"(f)
"(1)
"(A) an aircraft operated by an air carrier under part 121 of title 14, Code of Federal Regulations; or
"(B) a transport category aircraft designed for operations by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative of such an aircraft.
"(2)
Staffing Model for Aviation Safety Inspectors; Safety-Critical Staffing
Pub. L. 118–63, title IV, §§430, 431, May 16, 2024, 138 Stat. 1172, 1173, provided that:
"SEC. 430. STAFFING MODEL FOR AVIATION SAFETY INSPECTORS.
"(a)
"(b)
"(1)
"(A) The 2006 report released by the National Research Council titled 'Staffing Standards for Aviation Safety Inspectors'.
"(B) The 2007 study released by the National Academy of Sciences titled 'Staffing Standards for Aviation Safety Inspectors'.
"(C) The 2013 report released by Grant Thornton LLP, titled 'ASTARS Gap Analysis Study: Comparison of the AVS Staffing Model for Aviation Safety Inspectors to the National Academy of Sciences' Recommendations Final Report'.
"(D) The 2021 report released by the inspector general of the Department of Transportation titled 'FAA [Federal Aviation Administration] Can Increase Its Inspector Staffing Model's Effectiveness by Implementing System Improvements and Maximizing Its Capabilities".
"(E) The FAA Fiscal Year 2023 Aviation Safety Workforce Plan conducted to satisfy the requirements of section 104 of the Aircraft Certification, Safety, and Accountability Act, as enacted in the Consolidated Appropriations Act, 2021 (49 U.S.C. 44701 note).
"(2)
"(A) Projected staffing needs at the service and office level.
"(B) Forecasted attrition of the aviation safety inspector workforce.
"(C) Forecasted workload of aviation safety inspectors, including responsibilities associated with overseeing aviation manufacturers and new airspace entrants.
"(D) Means by which field managers use the model to assess aviation safety inspector staffing and provide feedback on resources needed at the office level.
"(E) Work performed by aviation safety inspectors in comparison to designees acting on behalf of the Administrator.
"(F) Any associated performance metrics to inform periodic comparisons to actual aviation safety inspector staffing level results.
"(3)
"SEC. 431. SAFETY-CRITICAL STAFFING.
"(a)
"(b)
"(c)
"(1) aviation safety inspectors, aviation safety specialists (1801 job series), aviation safety technicians, and operations support positions in the Flight Standards Service; and
"(2) manufacturing safety inspectors, pilots, engineers, Chief Scientist Technical Advisors, aviation safety specialists (1801 job series), safety technical specialists, and operational support positions in the Aircraft Certification Service."
Deterring Crewmember Interference
Pub. L. 118–63, title IV, §432, May 16, 2024, 138 Stat. 1173, provided that:
"(a)
"(1)
"(A) proper and consistent incident documentation and reporting techniques;
"(B) best practices for flight crew and cabin crew response, including de-escalation;
"(C) improved coordination between stakeholders, including flight crew and cabin crew, airport staff, other Federal agencies as appropriate, and law enforcement; and
"(D) appropriate enforcement actions.
"(2)
"(A) air carriers;
"(B) airport sponsors and airport law enforcement agencies;
"(C) other Federal agencies determined necessary by the Administrator;
"(D) labor organizations representing air carrier pilots;
"(E) labor organizations representing flight attendants; and
"(F) labor organizations representing ticketing, check-in, or other customer service representatives employed by air carriers.
"(b)
"(c)
Updating Passenger Information Requirement Regulations
Pub. L. 118–63, title V, §518, May 16, 2024, 138 Stat. 1199, provided that:
"(a)
"(1) reviewing passenger information requirement regulations under section 121.317 of title 14, Code of Federal Regulation[s], and such other related regulations as the Administrator determines appropriate; and
"(2) making recommendations to update and improve such regulations.
"(b)
"(1) update such section and regulations to incorporate exemptions commonly issued by the Administrator;
"(2) reflect civil penalty inflation adjustments; and
"(3) incorporate such updates and improvements recommended by the Aviation Rulemaking Advisory Committee that the Administrator determines appropriate."
Surface Surveillance
Pub. L. 118–63, title VI, §617, May 16, 2024, 138 Stat. 1229, provided that:
"(a)
"(b)
"(1) demonstrate that any change to the configuration of surface surveillance systems or decommissioning of a sensor from such systems provides an equivalent level of safety as the current system;
"(2) determine how a technology refresh of legacy sensor equipment can reduce operational and maintenance costs of surface surveillance systems compared to current costs and extend the useful life and affordability of such systems; and
"(3) consider how to enhance such systems through new capabilities and software tools that improve the safety of terminal airspace and the airport surface.
"(c)
"(1) aviation safety experts with specific knowledge of surface surveillance technology, including multilateration and automatic dependent surveillance-broadcast;
"(2) representatives of the exclusive bargaining representative of the air traffic controllers certified under section 7111 of title 5, United States Code, with expertise in surface safety; and
"(3) representatives of the exclusive bargaining representative of airway transportation systems specialists of the FAA [Federal Aviation Administration] certified under section 7111 of title 5, United States Code.
"(d)
"(e)
Ensuring Safe Landings During Off-Airport Operations
Pub. L. 118–63, title VIII, §809, May 16, 2024, 138 Stat. 1325, provided that: "The Administrator [of the Federal Aviation Administration] shall not apply section 91.119 of title 14, Code of Federal Regulations, in any manner that requires a pilot to continue a landing that is unsafe."
Letter of Deviation Authority
Pub. L. 118–63, title VIII, §814, May 16, 2024, 138 Stat. 1327, provided that:
"(a)
"(1) the flight instructor is not providing both the training and the aircraft;
"(2) no person advertises or broadly offers the aircraft as available for flight training, checking, or testing; and
"(3) no person receives compensation for use of the aircraft for a specific flight during which flight training, checking, or testing was received, other than expenses for owning, operating, and maintaining the aircraft.
"(b)
"(1) an experimental category aircraft;
"(2) a limited category aircraft; and
"(3) a primary category aircraft."
Consistency of Policy Application in Flight Standards and Aircraft Certification
Pub. L. 118–63, title VIII, §821, May 16, 2024, 138 Stat. 1330, provided that:
"(a)
"(1) the interpretation of policies, orders, guidance, and regulations; and
"(2) the application of policies, orders, guidance, and regulations.
"(b)
"(1) hold a certificate or authorization related to the issue being audited under subsection (d);
"(2) are from different regions of the country with matters before different flight standards district offices or before different FAA Flight Standards Service and Aircraft Certification Service offices;
"(3) work with multiple flight standards district offices or aircraft certification offices of the Administration; or
"(4) hold a single or multiple relevant certificates or authorizations.
"(c)
"(d)
"(1) 18 months after the date of enactment of this Act [May 16, 2024], with regard to supplemental type certificates;
"(2) 34 months after the date of enactment of this Act, with regard to repair stations certificated under part 145 of title 14, Code of Federal Regulations; and
"(3) 50 months after the date of enactment of this Act, with regard to technical standards orders.
"(e)
"(1) maintain an implementation plan; and
"(2) broadly adopt any best practices to improve the consistency of interpretation and application of policies, orders, guidance, and regulations by other offices of the Administration and with regard to other activities of the Administration.
"(f)
Part 135 Pilot Supplemental Oxygen Requirement
Pub. L. 118–63, title VIII, §834, May 16, 2024, 138 Stat. 1340, provided that:
"(a)
"(b)
High-Speed Flight Testing
Pub. L. 118–63, title X, §1009, May 16, 2024, 138 Stat. 1389, provided that:
"(a)
"(1) with respect to manufacturers and operators of high-speed aircraft that conduct flights operating with supersonic speed, not later than 1 year after the date of enactment of this Act [May 16, 2024]; and
"(2) with respect to manufacturers and operators of high-speed aircraft that conduct flights operating with hypersonic speed, not later than 2 years after the date of enactment of this Act.
"(b)
"(c)
"(1) sections 91.817 and 91.818 of title 14, Code of Federal Regulations;
"(2) applications for special flight authorizations for flights operating at supersonic or hypersonic speed, as described in section 91.818 of such title;
"(3) the environmental impacts of developmental and airworthiness testing operations;
"(4) requiring applicants to include specification of proposed flight areas;
"(5) the authorization of flights to and from airports in Class D airspace within 10 nautical miles of oceanic coastline;
"(6) developing the vertical limits at or above the altitude necessary for safe supersonic and hypersonic operations;
"(7) proponent-provided data regarding the design and operational analysis of the aircraft, as well as data regarding sonic boom overpressures;
"(8) the safety of the uninvolved public; and
"(9) community outreach, education, and engagement.
"(d)
"(e)
"(1)
"(2)
"(3)
Letter of Deviation Authority
Pub. L. 117–263, div. E, title LVI, §5604, Dec. 23, 2022, 136 Stat. 3406, provided that: "A flight instructor, registered owner, lessor, or lessee of an aircraft shall not be required to obtain a letter of deviation authority from the Administrator of the Federal Aviation Administration to allow, conduct or receive flight training, checking, and testing in an experimental aircraft if—
"(1) the flight instructor is not providing both the training and the aircraft;
"(2) no person advertises or broadly offers the aircraft as available for flight training, checking, or testing; and
"(3) no person receives compensation for use of the aircraft for a specific flight during which flight training, checking, or testing was received, other than expenses for owning, operating, and maintaining the aircraft."
Safety Management Systems
Pub. L. 118–63, title III, §309, May 16, 2024, 138 Stat. 1073, provided that:
"(a)
"(b)
"(c)
Pub. L. 116–260, div. V, title I, §102(a)–(f), Dec. 27, 2020, 134 Stat. 2309, 2310, provided that:
"(a)
"(1)
"(2)
"(A) ensure safety management systems are consistent with, and complementary to, existing safety management systems;
"(B) include provisions that would permit operational feedback from operators and pilots qualified on the manufacturers' equipment to ensure that the operational assumptions made during design and certification remain valid;
"(C) include provisions for the Administrator's approval of, and regular oversight of adherence to, a certificate holder's safety management system adopted pursuant to such regulations; and
"(D) require such certificate holder to adopt, not later than 4 years after the date of enactment of this title, a safety management system.
"(b)
"(c)
"(d)
"(e)
"(f)
[For definitions of terms used in section 102(a)–(f) of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]
Certification Oversight Staff
Pub. L. 116–260, div. V, title I, §104, Dec. 27, 2020, 134 Stat. 2316, provided that:
"(a)
"(b)
"(1) the inspectors, human factors specialists, flight test pilots, engineers, managers, and executives in the FAA who are responsible for the certification of the design, manufacture, and operation of aircraft intended for air transportation for purposes of determining whether the FAA has the expertise and capability to adequately understand the safety implications of, and oversee the adoption of, new or innovative technologies, materials, and procedures used by designers and manufacturers of such aircraft; and
"(2) the Senior Technical Experts Program to determine whether the program should be enhanced or expanded to bolster and support the programs of the FAA's Office of Aviation Safety, with particular focus placed on the Aircraft Certification Service and the Flight Standards Service (or any successor organizations), particularly with respect to understanding the safety implications of new or innovative technologies, materials, aircraft operations, and procedures used by designers and manufacturers of such aircraft.
"(c)
"(d)
"(1) An analysis of the Administration's ability to hire safety inspectors, human factors specialists, flight test pilots, engineers, managers, executives, scientists, and technical advisors, who have the requisite expertise to oversee new developments in aerospace design and manufacturing.
"(2) A plan for the Administration to improve the overall expertise of the FAA's personnel who are responsible for the oversight of the design and manufacture of aircraft.
"(e)
"(f)
"(1)
"(2)
"(3)
"(4)
[For definitions of terms used in section 104 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]
Voluntary Safety Reporting Program
Pub. L. 116–260, div. V, title I, §113, Dec. 27, 2020, 134 Stat. 2332, as amended by Pub. L. 118–63, title III, §306(e), May 16, 2024, 138 Stat. 1072, provided that:
"(a)
"(b)
"(1) The FAA maintains a reporting culture that encourages human factors specialists, engineers, flight test pilots, inspectors, and other appropriate FAA employees to voluntarily report safety concerns.
"(2) The safety reporting program is non-punitive, confidential, and protects employees from adverse employment actions related to their participation in the program.
"(3) The safety reporting program identifies exclusionary criteria for the program.
"(4) Collaborative development of the program with bargaining representatives of employees under section 7111 of title 5, United States Code, who are employed in the Aircraft Certification Service or Flight Standards Service of the Administration (or, if unable to reach an agreement collaboratively, the Administrator shall negotiate with the representatives in accordance with section 40122(a) of title 49, United States Code, regarding the development of the program).
"(5) Full and collaborative participation in the program by the bargaining representatives of employees described in paragraph (4).
"(6) The Administrator thoroughly reviews safety reports to determine whether there is a safety issue, including a hazard, defect, noncompliance, nonconformance, or process error.
"(7) The Administrator thoroughly reviews safety reports to determine whether any aircraft certification process contributed to the safety concern being raised.
"(8) The creation of a corrective action process in order to address safety issues that are identified through the program.
"(c)
"(1) improve—
"(A) safety systems, hazard control, and risk reduction;
"(B) certification systems;
"(C) FAA oversight;
"(D) compliance and conformance; and
"(E) any other matter determined necessary by the Administrator; and
"(2) implement lessons learned.
"(d)
"(1) ensure that identified issues can be addressed in a timely manner; and
"(2) foster open dialogue between applicants and FAA employees throughout the certification process.
"(e)
"(f)
[For definitions of terms used in section 113 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]
FAA Safety Oversight and Certification and Performance Metrics
Pub. L. 115–254, div. B, title II, §§201, 202, 211, 221, 223, 224, 243, Oct. 5, 2018, 132 Stat. 3242, 3246, 3252, 3254, 3255, 3259, as amended by Pub. L. 116–260, div. V, title I, §129, Dec. 27, 2020, 134 Stat. 2349; Pub. L. 118–63, title I, §104(e), title VIII, §823, May 16, 2024, 138 Stat. 1035, 1332, provided that:
"SEC. 201. DEFINITIONS.
"In this title [enacting this note and section 44736 of this title and amending this section and sections 40104, 44704, and 45305 of this title], the following definitions apply:
"(1)
"(2)
"(3)
"(4)
"(5)
"SEC. 202. SAFETY OVERSIGHT AND CERTIFICATION ADVISORY COMMITTEE.
"(a)
"(b)
"(1) Aircraft and flight standards certification processes, including efforts to streamline those processes.
"(2) Implementation and oversight of safety management systems.
"(3) Risk-based oversight efforts.
"(4) Utilization of delegation and designation authorities, including organization designation authorization.
"(5) Regulatory interpretation standardization efforts.
"(6) Training programs.
"(7) Expediting the rulemaking process and giving priority to rules related to safety.
"(8) Enhancing global competitiveness of United States manufactured and United States certificated aerospace and aviation products and services throughout the world.
"(c)
"(1) Foster industry collaboration in an open and transparent manner.
"(2) Consult with, and ensure participation by—
"(A) the private sector, including representatives of—
"(i) general aviation;
"(ii) commercial aviation;
"(iii) aviation labor;
"(iv) aviation maintenance, repair, and overhaul;
"(v) aviation, aerospace, and avionics manufacturing;
"(vi) unmanned aircraft systems operators and manufacturers; and
"(vii) the commercial space transportation industry;
"(B) members of the public; and
"(C) other interested parties.
"(3) Recommend consensus national goals, strategic objectives, and priorities for the most efficient, streamlined, and cost-effective certification and safety oversight processes in order to maintain the safety of the aviation system and, at the same time, allow the FAA to meet future needs and ensure that aviation stakeholders remain competitive in the global marketplace.
"(4) Provide policy guidance recommendations for the FAA's certification and safety oversight efforts.
"(5) On a regular basis, review and provide recommendations on the FAA's certification and safety oversight efforts.
"(6) Periodically review and evaluate registration, certification, and related fees.
"(7) Provide appropriate legislative, regulatory, and guidance recommendations for the air transportation system and the aviation safety regulatory environment.
"[(8), (9). Repealed. Pub. L. 116–260, div. V, title I, §129(b), Dec. 27, 2020, 134 Stat. 2349.]
"(10) Provide a venue for tracking progress toward national goals and sustaining joint commitments.
"(11) Recommend recruiting, hiring, training, and continuing education objectives for FAA aviation safety engineers and aviation safety inspectors.
"(12) Provide advice and recommendations to the FAA on how to prioritize safety rulemaking projects.
"(13) Improve the development of FAA regulations by providing information, advice, and recommendations related to aviation issues.
"(14) Facilitate the validation and acceptance of United States manufactured and United States certificated products and services throughout the world.
"(d)
"(1)
"(A) The Administrator (or the Administrator's designee).
"(B) At least 11 individuals, appointed by the Secretary, each of whom represents at least 1 of the following interests:
"(i) Transport aircraft and engine manufacturers.
"(ii) General aviation aircraft and engine manufacturers.
"(iii) Avionics and equipment manufacturers.
"(iv) Aviation labor organizations, including collective bargaining representatives of FAA aviation safety inspectors and aviation safety engineers.
"(v) General aviation operators.
"(vi) Air carriers.
"(vii) Business aviation operators.
"(viii) Unmanned aircraft systems manufacturers and operators.
"(ix) Aviation safety management experts.
"(x) Aviation maintenance, repair, and overhaul.
"(xi) Airport owners and operators.
"(2)
"(A)
"(B)
"(i) take part in deliberations of the Advisory Committee; and
"(ii) provide input with respect to any final reports or recommendations of the Advisory Committee.
"(C)
"(3)
"(4)
"(A) Each voting member under paragraph (1)(B) shall be an executive officer of the organization who has decisionmaking authority within the member's organization and can represent and enter into commitments on behalf of such organization.
"(B) The ability to obtain necessary information from experts in the aviation and aerospace communities.
"(C) A membership size that enables the Advisory Committee to have substantive discussions and reach consensus on issues in a timely manner.
"(D) Appropriate expertise, including expertise in certification and risked-based safety oversight processes, operations, policy, technology, labor relations, training, and finance.
"(5)
"(e)
"(1)
"(2)
"(f)
"(1)
"(2)
"(g)
"(1)
"(2)
"(A) provide rulemaking advice and recommendations to the Advisory Committee with respect to aviation-related issues;
"(B) provide the FAA additional opportunities to obtain firsthand information and insight from those parties that are most affected by existing and proposed regulations; and
"(C) assist in expediting the development, revision, or elimination of rules without circumventing public rulemaking processes and procedures.
"(3)
"(h)
"(i)
"[SECS. 211, 221. Repealed. Pub. L. 116–260, div. V, title I, §129(a), Dec. 27, 2020, 134 Stat. 2349.]
"SEC. 223. CENTRALIZED SAFETY GUIDANCE DATABASE.
"(a)
"(1) encompass all of the regulatory guidance documents of the FAA Office of Aviation Safety;
"(2) contain, for each such guidance document, a link to the Code of Federal Regulations provision to which the document relates; and
"(3) be publicly available in a manner that—
"(A) protects from disclosure identifying information regarding an individual or entity; and
"(B) prevents inappropriate disclosure proprietary information.
"(b)
"(1)
"(2)
"(c)
"(d)
"SEC. 224. REGULATORY CONSISTENCY COMMUNICATIONS BOARD.
"(a)
"(b)
"(c)
"(1) the Flight Standards Service;
"(2) the Aircraft Certification Service;
"(3) the Office of the Chief Counsel;
"(4) the Office of Airports;
"(5) the Office of Security and Hazardous Materials Safety;
"(6) the Office of Rulemaking and Regulatory Improvement; and
"(7) such other offices as the Administrator determines appropriate.
"(d)
"(1) Establish, at a minimum, processes by which—
"(A) FAA personnel and persons regulated by the FAA may submit regulatory interpretation questions, including anonymously, without fear of retaliation;
"(B) FAA personnel may submit written questions, and receive written responses, as to whether a previous approval or regulatory interpretation issued by FAA personnel in another office or region is correct or incorrect; and
"(C) any other person may submit written regulatory interpretation questions, including anonymously.
"(2) Meet on a regular basis to discuss and resolve questions submitted pursuant to paragraph (1) and the appropriate application of regulations and policy with respect to each question.
"(3) Provide to a person that submitted a question pursuant to subparagraph (A) or (B) of paragraph (1) a timely written response to the question.
"(4) Establish a process to make resolutions of common regulatory interpretation questions publicly available to FAA personnel, persons regulated by the FAA, and the public without revealing any identifying data of the person that submitted the question and in a manner that protects any proprietary information.
"(5) Ensure the incorporation of resolutions of questions submitted pursuant to paragraph (1) into regulatory guidance documents, as such term is defined in section 223(d).
"(6) Submit recommendations, as needed, to the Assistant Administrator for Rulemaking and Regulatory Improvement for consideration.
"(e)
"(1) establish performance metrics, timelines, and goals to measure the progress of the Board in resolving regulatory interpretation questions submitted pursuant to subsection (d)(1); and
"(2) implement a process for tracking the progress of the Board in meeting the performance metrics, timelines, and goals established under paragraph (1).
"SEC. 243. FAA LEADERSHIP ABROAD.
"(a)
"(1) attain greater expertise in issues related to dispute resolution, intellectual property, and export control laws to better support FAA certification and other aerospace regulatory activities abroad;
"(2) work with United States companies to more accurately track the amount of time it takes foreign authorities, including bilateral partners, to validate United States certificated aeronautical products;
"(3) provide assistance to United States companies that have experienced significantly long foreign validation wait times;
"(4) work with foreign authorities, including bilateral partners, to collect and analyze data to determine the timeliness of the acceptance and validation of FAA design and production approvals by foreign authorities and the acceptance and validation of foreign-certified products by the FAA;
"(5) establish appropriate benchmarks and metrics to measure the success of bilateral aviation safety agreements and to reduce the validation time for United States certificated aeronautical products abroad; and
"(6) work with foreign authorities, including bilateral partners, to improve the timeliness of the acceptance and validation of FAA design and production approvals by foreign authorities and the acceptance and validation of foreign-certified products by the FAA.
"(b)
"(1) describes the FAA's strategic plan for international engagement;
"(2) describes the structure and responsibilities of all FAA offices that have international responsibilities, including the Aircraft Certification Office, and all the activities conducted by those offices related to certification and production;
"(3) describes current and forecasted staffing and travel needs for the FAA's international engagement activities, including the needs of the Aircraft Certification Office in the current and forecasted budgetary environment;
"(4) provides recommendations, if appropriate, to improve the existing structure and personnel and travel policies supporting the FAA's international engagement activities, including the activities of the Aviation Certification Office, to better support the growth of United States aerospace exports; and
"(5) identifies cost-effective policy initiatives, regulatory initiatives, or legislative initiatives needed to improve and enhance the timely acceptance of United States aerospace products abroad.
"(c)
"(1) to promote United States aerospace safety standards; or
"(2) to support expedited acceptance of FAA design and production approvals."
FAA Technical Training
Pub. L. 115–254, div. B, title III, §302, Oct. 5, 2018, 132 Stat. 3260, provided that:
"(a)
"(b)
"(1) include a recurrent training curriculum for covered FAA personnel to ensure that the covered FAA personnel receive instruction on the latest aviation technologies, processes, and procedures;
"(2) focus on providing specialized technical training for covered FAA personnel, as determined necessary by the Administrator;
"(3) include training courses on applicable regulations of the Federal Aviation Administration; and
"(4) consider the efficacy of instructor-led online training.
"(c)
"(d)
"(e)
"(1)
"(2)
Safety Critical Staffing
Pub. L. 115–254, div. B, title III, §303, Oct. 5, 2018, 132 Stat. 3261, provided that:
"(a)
"(b)
"(1)
"(2)
"(A) a review of the assumptions and methodologies used in devising and implementing the staffing model to assess the adequacy of the staffing model in predicting the number of aviation safety inspectors needed—
"(i) to properly fulfill the mission of the Administration; and
"(ii) to meet the future growth of the aviation industry; and
"(B) a determination on whether the staffing model takes into account the Administration's authority to fully utilize designees.
"(3)
"(A)
"(B)
Emergency Medical Equipment on Passenger Aircraft
Pub. L. 118–63, title III, §368, May 16, 2024, 138 Stat. 1136, provided that:
"(a)
"(b)
"(1) the benefits and costs (including the costs of flight diversions and emergency landings) of requiring any new medications or equipment necessary to be included in approved emergency medical kits;
"(2) whether the contents of the emergency medical kits include, at a minimum, appropriate medications and equipment that can practicably be administered to address—
"(A) the emergency medical needs of children and pregnant women;
"(B) opioid overdose reversal;
"(C) anaphylaxis; and
"(D) cardiac arrest;
"(3) what contents of the emergency medical kits should be readily available, to the extent practicable, for use by flight crews without prior approval by a medical professional.
"(c)
"(1) the first aid and emergency medical kit equipment and training required for flight crewmembers; and
"(2) any required training for flight crewmembers regarding the content, location, and function of such kit."
Pub. L. 115–254, div. B, title III, §307, Oct. 5, 2018, 132 Stat. 3263, provided that:
"(a)
"(b)
FAA and NTSB Review of General Aviation Safety
Pub. L. 115–254, div. B, title III, §308, Oct. 5, 2018, 132 Stat. 3263, provided that:
"(a)
"(b)
"(1) a review of all general aviation accidents since 2000, including a review of—
"(A) the number of such accidents;
"(B) the number of injuries and fatalities, including with respect to both occupants of aircraft and individuals on the ground, as a result of such accidents;
"(C) the number of such accidents investigated by the National Transportation Safety Board;
"(D) the number of such accidents investigated by the FAA [Federal Aviation Administration]; and
"(E) a summary of the factual findings and probable cause determinations with respect to such accidents;
"(2) an assessment of the most common probable cause determinations issued for general aviation accidents since 2000;
"(3) an assessment of the most common facts analyzed by the FAA and the National Transportation Safety Board in the course of investigations of general aviation accidents since 2000, including operational details;
"(4) a review of the safety recommendations of the National Transportation Safety Board related to general aviation accidents since 2000;
"(5) an assessment of the responses of the FAA and the general aviation community to the safety recommendations of the National Transportation Safety Board related to general aviation accidents since 2000;
"(6) an assessment of the most common general aviation safety issues;
"(7) a review of the total costs to the Federal Government to conduct investigations of general aviation accidents over the last 10 years; and
"(8) other matters the Administrator or the Chairman considers appropriate.
"(c)
"(1) address general aviation safety issues identified under the study;
"(2) protect persons and property on the ground; and
"(3) improve the safety of general aviation operators in the United States.
"(d)
"(e)
"(f)
Aviation Rulemaking Committee for Part 135 Pilot Rest and Duty Rules
Pub. L. 115–254, div. B, title III, §315, Oct. 5, 2018, 132 Stat. 3267, provided that:
"(a)
"(b)
"(1) not later than 2 years after the date of enactment of this Act, submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report based on the findings of the aviation rulemaking committee; and
"(2) not later than 1 year after the date of submission of the report under paragraph (1), issue a notice of proposed rulemaking based on any consensus recommendations reached by the aviation rulemaking committee.
"(c)
"(1) representatives of industry;
"(2) representatives of aviation labor organizations, including collective bargaining units representing pilots who are covered by part 135 of title 14, Code of Federal Regulations, and subpart K of part 91 of such title; and
"(3) aviation safety experts with specific knowledge of flight crewmember education and training requirements under part 135 of such title.
"(d)
"(1) recommendations of prior part 135 rulemaking committees;
"(2) accommodations necessary for small businesses;
"(3) scientific data derived from aviation-related fatigue and sleep research;
"(4) data gathered from aviation safety reporting programs;
"(5) the need to accommodate the diversity of operations conducted under part 135, including the unique duty and rest time requirements of air ambulance pilots; and
"(6) other items, as appropriate."
Voluntary Reports of Operational or Maintenance Issues Related to Aviation Safety
Pub. L. 115–254, div. B, title III, §320, Oct. 5, 2018, 132 Stat. 3269, provided that:
"(a)
"(b)
"(1) has not been reviewed by an event review committee tasked with reviewing such reports; and
"(2) may subsequently be determined to be ineligible for inclusion in the aviation safety action program.
"(c)
"(1)
"(2)
"(A) the enforcement-related incentive offered to the individual for making such a report shall not apply; and
"(B) the protection from disclosure of the report itself under section 40123 of title 49, United States Code, shall not apply.
"(3)
Flight Attendant Duty Period Limitations and Rest Requirements
Pub. L. 115–254, div. B, title III, §335, Oct. 5, 2018, 132 Stat. 3280, provided that:
"(a)
"(1)
"(2)
"(A) a flight attendant scheduled to a duty period of 14 hours or less is given a scheduled rest period of at least 10 consecutive hours; and
"(B) the rest period is not reduced under any circumstances.
"(b)
"(1)
"(2)
"(A) Current flight time and duty period limitations.
"(B) A rest scheme consistent with such limitations that enables the management of flight attendant fatigue, including annual training to increase awareness of—
"(i) fatigue;
"(ii) the effects of fatigue on flight attendants; and
"(iii) fatigue countermeasures.
"(C) Development and use of a methodology that continually assesses the effectiveness of implementation of the plan, including the ability of the plan—
"(i) to improve alertness; and
"(ii) to mitigate performance errors.
"(3)
"(4)
"(A)
"(B)
"(5)
"(6)
Clarification of Requirements for Living History Flights
Pub. L. 115–254, div. B, title V, §532, Oct. 5, 2018, 132 Stat. 3366, provided that:
"(a)
"(1) volunteered to provide such transportation; and
"(2) notified any individual that will be on the flight, at the time of inquiry about the flight, that the flight operation is for charitable purposes and is not subject to the same requirements as a commercial flight.
"(b)
"(c)
FAA Civil Aviation Registry Upgrade
Pub. L. 115–254, div. B, title V, §546, Oct. 5, 2018, 132 Stat. 3376, provided that:
"(a)
"(b)
"(1) the digitization of nondigital Registry information, including paper documents, microfilm images, and photographs, from an analog or nondigital format to a digital format;
"(2) the digitalization of Registry manual and paper-based processes, business operations, and functions by leveraging digital technologies and a broader use of digitized data;
"(3) the implementation of systems allowing a member of the public to submit any information or form to the Registry and conduct any transaction with the Registry by electronic or other remote means; and
"(4) allowing more efficient, broader, and remote access to the Registry.
"(c)
"(d)
"(e)
"(1) the schedule for the covered upgrades to the Registry;
"(2) the office responsible for the implementation of the such covered upgrades;
"(3) the metrics being used to measure progress in implementing the covered upgrades; and
"(4) the status of the covered upgrades as of the date of the report."
Undeclared Hazardous Materials Public Awareness Campaign
Pub. L. 115–254, div. B, title V, §583, Oct. 5, 2018, 132 Stat. 3399, provided that:
"(a)
"(b)
"(1) Focus on targeting segments of the hazardous materials industry with high rates of undeclared shipments through air commerce and educate air carriers, shippers, manufacturers, and other relevant stakeholders of such segments on properly packaging and classifying such shipments.
"(2) Educate the public on proper ways to declare and ship hazardous materials, examples of everyday items that are considered hazardous materials, and penalties associated with intentional shipments of undeclared hazardous materials.
"(c)
"(1)
"(2)
"(d)
Cockpit Automation Management
Pub. L. 114–190, title II, §2102, July 15, 2016, 130 Stat. 619, provided that: "Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation Administration shall—
"(1) develop a process to verify that air carrier training programs incorporate measures to train pilots on—
"(A) monitoring automation systems; and
"(B) controlling the flightpath of aircraft without autopilot or autoflight systems engaged;
"(2) develop metrics or measurable tasks that air carriers can use to evaluate pilot monitoring proficiency;
"(3) issue guidance to aviation safety inspectors responsible for oversight of the operations of air carriers on tracking and assessing pilots' proficiency in manual flight; and
"(4) issue guidance to air carriers and inspectors regarding standards for compliance with the requirements for enhanced pilot training contained in the final rule published in the Federal Register on November 12, 2013 (78 Fed. Reg. 67800)."
Additional Certification Resources
Pub. L. 114–190, title II, §2109, July 15, 2016, 130 Stat. 623, provided that:
"(a)
"(b)
"(1) the travel covered under the agreement is deemed necessary, by both the Administrator and the applicant or certificate-holder, to expedite the acceptance or validation of the relevant certificate or approval;
"(2) the travel is conducted at the request of the applicant or certificate-holder;
"(3) travel plans and expenses are approved by the applicant or certificate-holder prior to travel; and
"(4) the agreement requires payment in advance of FAA services and is consistent with the processes under section 106(l)(6) of title 49, United States Code.
"(c)
"(1) the number of occasions on which the Administrator entered into reimbursable agreements under this section;
"(2) the number of occasions on which the Administrator declined a request by an applicant or certificate-holder to enter into a reimbursable agreement under this section;
"(3) the amount of reimbursements collected in accordance with agreements under this section; and
"(4) the extent to which reimbursable agreements under this section assisted in reducing the amount of time necessary for validations of certificates and design approvals.
"(d)
"(1)
"(A) applied to a foreign authority for the acceptance or validation of an FAA certificate or design approval; or
"(B) applied to the FAA for the acceptance or validation of a foreign authority certificate or design approval.
"(2)
"(3)
Notices to Air Missions
Pub. L. 118–4, §3, June 3, 2023, 137 Stat. 9, provided that: "Not later than September 30, 2024, the Administrator of the Federal Aviation Administration shall make the following improvements:
"(1) Complete implementation of a Federal NOTAM System (in this section referred to as a 'FNS').
"(2) Implement a back-up system to the FNS.
"(3) Brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on a plan to enhance the capability to deliver information through the FNS that is machine-readable, filterable, and in the format used by the International Civil Aviation Organization (ICAO) to promote further global harmonization among neighboring Air Navigation Service Providers (ANSPs) and provide users of the National Airspace System with one consistent format for domestic and international operations."
Pub. L. 115–254, div. B, title III, §394(a), Oct. 5, 2018, 132 Stat. 3325, provided that: "Beginning on the date that is 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] may not take any enforcement action against any individual for a violation of a NOTAM (as defined in section 3 of the Pilot's Bill of Rights [Pub. L. 112–153] (49 U.S.C. 44701 note)) until the Administrator certifies to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] that the Administrator has complied with the requirements of section 3 of the Pilot's Bill of Rights, as amended by this section."
Pub. L. 112–153, §3, Aug. 3, 2012, 126 Stat. 1162, as amended by Pub. L. 115–254, div. B, title III, §394(b), Oct. 5, 2018, 132 Stat. 3325, provided that:
"(a)
"(1)
"(2)
"(A) to improve the system of providing airmen with pertinent and timely information regarding the national airspace system;
"(B) to continue developing and modernizing the NOTAM repository, in a public central location, to maintain and archive all NOTAMs, including the original content and form of the notices, the original date of publication, and any amendments to such notices with the date of each amendment, in a manner that is Internet-accessible, machine-readable, and searchable;
"(C) to apply filters so that pilots can prioritize critical flight safety information from other airspace system information; and
"(D) to specify the times during which temporary flight restrictions are in effect and the duration of a designation of special use airspace in a specific area.
"(b)
"(1) to decrease the overwhelming volume of NOTAMs an airman receives when retrieving airman information prior to a flight in the national airspace system;
"(2) make the NOTAMs more specific and relevant to the airman's route and in a format that is more useable to the airman;
"(3) to provide a full set of NOTAM results in addition to specific information requested by airmen;
"(4) to provide a document that is easily searchable; and
"(5) to provide a filtering mechanism similar to that provided by the Department of Defense Notices to Airmen.
"(c)
"(d)
"(1)
"(A) shall consider the repository for NOTAMs under subsection (a)(2)(B) to be the sole location for airmen to check for NOTAMs; and
"(B) may not consider a NOTAM to be announced or published until the NOTAM is included in the repository for NOTAMs under subsection (a)(2)(B).
"(2)
"(A)
"(i) that NOTAM is not available through the repository before the commencement of the flight; and
"(ii) that NOTAM is not reasonably accessible and identifiable to the airman.
"(B)
Consistency of Regulatory Interpretation
Pub. L. 112–95, title III, §313, Feb. 14, 2012, 126 Stat. 67, provided that:
"(a)
"(1) review the October 2010 report by the Government Accountability Office on certification and approval processes (GAO–11–14); and
"(2) develop recommendations to address the findings in the report and other concerns raised by interested parties, including representatives of the aviation industry.
"(b)
"(1) determine the root causes of inconsistent interpretation of regulations by the Administration's Flight Standards Service and Aircraft Certification Service;
"(2) develop recommendations to improve the consistency of interpreting regulations by the Administration's Flight Standards Service and Aircraft Certification Service; and
"(3) develop recommendations to improve communications between the Administration's Flight Standards Service and Aircraft Certification Service and applicants and certificate and approval holders for the identification and resolution of potentially adverse issues in an expeditious and fair manner.
"(c)
Flight Standards Evaluation Program
Pub. L. 112–95, title III, §315, Feb. 14, 2012, 126 Stat. 68, provided that:
"(a)
"(1) to include periodic and random reviews as part of the Administration's oversight of air carriers; and
"(2) to prohibit an individual from participating in a review or audit of an office with responsibility for an air carrier under the program if the individual, at any time in the 5-year period preceding the date of the review or audit, had responsibility for inspecting, or overseeing the inspection of, the operations of that carrier.
"(b)
"(c)
Review of Air Transportation Oversight System Database
Pub. L. 112–95, title III, §343, Feb. 14, 2012, 126 Stat. 80, provided that:
"(a)
"(1) any trends in regulatory compliance are identified; and
"(2) appropriate corrective actions are taken in accordance with Administration regulations, advisory directives, policies, and procedures.
"(b)
"(1)
"(2)
"(A) any trends in regulatory compliance discovered by the team of employees in conducting the monthly review; and
"(B) any corrective actions taken or proposed to be taken in response to the trends.
"(c)
Duty Periods and Flight Time Limitations Applicable to Flight Crewmembers
Pub. L. 112–95, title III, §345, Feb. 14, 2012, 126 Stat. 81, which provided for rulemaking proceedings relating to duty periods and flight time limitations applicable to flight crewmembers, was repealed by Pub. L. 118–63, title II, §218(l), May 16, 2024, 138 Stat. 1056.
Safety Critical Staffing
Pub. L. 112–95, title VI, §606, Feb. 14, 2012, 126 Stat. 113, provided that:
"(a)
"(b)
Air Transportation of Lithium Cells and Batteries
Pub. L. 115–254, div. B, title III, §333, Oct. 5, 2018, 132 Stat. 3274, provided that:
"(a)
"(1)
"(A)
"(B)
"(2)
"(b)
"(1)
"(2)
"(A) the intended destination of the batteries is not serviced daily by cargo aircraft if a battery is required for medically necessary care; and
"(B) with regard to a shipper of lithium ion or lithium metal batteries for medical devices that cannot comply with a charge limitation in place at the time, each battery is—
"(i) individually packed in an inner packaging that completely encloses the battery;
"(ii) placed in a rigid outer packaging; and
"(iii) protected to prevent a short circuit.
"(3)
"(4)
"(c)
"(1)
"(2)
"(A) The Department of Transportation.
"(B) The Consumer Product Safety Commission.
"(C) The National Institute on Standards and Technology.
"(D) The Food and Drug Administration.
"(3)
"(4)
"(A) establish working group subcommittees to focus on specific issues related to the safe manufacture, use, or transportation of lithium batteries and cells; and
"(B) include in a subcommittee the participation of nonmember stakeholders with expertise in areas that the Secretary or members consider necessary.
"(5)
"(A) identify and assess—
"(i) additional ways to decrease the risk of fires and explosions from lithium batteries and cells;
"(ii) additional ways to ensure uniform transportation requirements for both bulk and individual batteries; and
"(iii) new or existing technologies that may reduce the fire and explosion risk of lithium batteries and cells; and
"(B) transmit to the appropriate committees of Congress a report on the assessments conducted under subparagraph (A), including any legislative recommendations to effectuate the safety improvements described in clauses (i) through (iii) of that subparagraph.
"(6)
"(d)
"(1)
"(2)
"(A) facilitate communication between manufacturers of lithium ion and lithium metal cells and batteries, manufacturers of products incorporating both large and small lithium ion and lithium metal batteries, air carriers, and the Federal Government regarding the safe air transportation of lithium ion and lithium metal cells and batteries and the effectiveness and economic and social impacts of the regulation of such transportation;
"(B) provide the Secretary, the Federal Aviation Administration, and the Pipeline and Hazardous Materials Safety Administration with timely information about new lithium ion and lithium metal battery technology and transportation safety practices and methodologies;
"(C) provide a forum for the Secretary to provide information on and to discuss the activities of the Department of Transportation relating to lithium ion and lithium metal battery transportation safety, the policies underlying the activities, and positions to be advocated in international forums;
"(D) provide a forum for the Secretary to provide information and receive advice on—
"(i) activities carried out throughout the world to communicate and enforce relevant United States regulations and the ICAO Technical Instructions; and
"(ii) the effectiveness of the activities;
"(E) provide advice and recommendations to the Secretary with respect to lithium ion and lithium metal battery air transportation safety, including how best to implement activities to increase awareness of relevant requirements and their importance to travelers and shippers; and
"(F) review methods to decrease the risk posed by air shipment of undeclared hazardous materials and efforts to educate those who prepare and offer hazardous materials for shipment via air transport.
"(3)
"(A) Individuals appointed by the Secretary to represent—
"(i) large volume manufacturers of lithium ion and lithium metal cells and batteries;
"(ii) domestic manufacturers of lithium ion and lithium metal batteries or battery packs;
"(iii) manufacturers of consumer products powered by lithium ion and lithium metal batteries;
"(iv) manufacturers of vehicles powered by lithium ion and lithium metal batteries;
"(v) marketers of products powered by lithium ion and lithium metal batteries;
"(vi) cargo air service providers based in the United States;
"(vii) passenger air service providers based in the United States;
"(viii) pilots and employees of air service providers described in clauses (vi) and (vii);
"(ix) shippers of lithium ion and lithium metal batteries for air transportation;
"(x) manufacturers of battery-powered medical devices or batteries used in medical devices; and
"(xi) employees of the Department of Transportation, including employees of the Federal Aviation Administration and the Pipeline and Hazardous Materials Safety Administration.
"(B) Representatives of such other Government departments and agencies as the Secretary determines appropriate.
"(C) Any other individuals the Secretary determines are appropriate to comply with Federal law.
"(4)
"(A)
"(i) describes and evaluates the steps being taken in the private sector and by international regulatory authorities to implement and enforce requirements relating to the safe transportation by air of bulk shipments of lithium ion cells and batteries; and
"(ii) identifies any areas of enforcement or regulatory requirements for which there is consensus that greater attention is needed.
"(B)
"(5)
"(A)
"(B)
"(6)
"(7)
"(e)
"(1)
"(2)
"(A) Encouraging training programs at locations outside the United States from which substantial cargo shipments of lithium ion or lithium metal batteries originate for manufacturers, freight forwarders, and other shippers and potential shippers of lithium ion and lithium metal batteries.
"(B) Working with Federal, regional, and international transportation agencies to ensure enforcement of U.S. Hazardous Materials Regulations and ICAO Technical Instructions with respect to shippers who offer noncompliant shipments of lithium ion and lithium metal batteries.
"(C) Sharing information, as appropriate, with Federal, regional, and international transportation agencies regarding noncompliant shipments.
"(D) Pursuing a joint effort with the international aviation community to develop a process to obtain assurances that appropriate enforcement actions are taken to reduce the likelihood of noncompliant shipments, especially with respect to jurisdictions in which enforcement activities historically have been limited.
"(E) Providing information in brochures and on the internet in appropriate foreign languages and dialects that describes the actions required to comply with U.S. Hazardous Materials Regulations and ICAO Technical Instructions.
"(F) Developing joint efforts with the international aviation community to promote a better understanding of the requirements of and methods of compliance with U.S. Hazardous Materials Regulations and ICAO Technical Instructions.
"(3)
"(f)
"(g)
"(1)
"(2)
"(h)
"(1)
"(2)
Pub. L. 112–95, title VIII, §828, Feb. 14, 2012, 126 Stat. 133, provided that:
"(a)
"(b)
"(1)
"(2)
"(A) may issue and enforce an emergency regulation, more stringent than the requirements of the ICAO Technical Instructions, that governs the transportation by aircraft of such cells or batteries, if that regulation—
"(i) addresses solely deficiencies referenced in the report; and
"(ii) is effective for not more than 1 year; and
"(B) may adopt and enforce a permanent regulation, more stringent than the requirements of the ICAO Technical Instructions, that governs the transportation by aircraft of such cells or batteries, if—
"(i) the Secretary bases the regulation upon substantial credible evidence that the otherwise permissible presence of such cells or batteries would substantially contribute to the initiation or propagation of an onboard fire;
"(ii) the regulation addresses solely the deficiencies in existing regulations; and
"(iii) the regulation imposes the least disruptive and least expensive variation from existing requirements while adequately addressing identified deficiencies.
"(c)
Airline Safety and Pilot Training Improvement
Pub. L. 111–216, title II, Aug. 1, 2010, 124 Stat. 2350, as amended by Pub. L. 111–249, §6, Sept. 30, 2010, 124 Stat. 2628; Pub. L. 117–286, §4(a)(315), Dec. 27, 2022, 136 Stat. 4340, provided that:
"SEC. 201. DEFINITIONS.
"(a) [sic]
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(8)
"SEC. 202. SECRETARY OF TRANSPORTATION RESPONSES TO SAFETY RECOMMENDATIONS.
"[Amended section 1135 of this title.]
"SEC. 203. FAA PILOT RECORDS DATABASE.
"[Amended section 44703 of this title.]
"SEC. 204. FAA TASK FORCE ON AIR CARRIER SAFETY AND PILOT TRAINING.
"(a)
"(b)
"(c)
"(1) Air carrier management responsibilities for flight crewmember education and support.
"(2) Flight crewmember professional standards.
"(3) Flight crewmember training standards and performance.
"(4) Mentoring and information sharing between air carriers.
"(d)
"(1) the progress of the Task Force in identifying best practices in the air carrier industry;
"(2) the progress of air carriers and labor unions in implementing the best practices identified by the Task Force;
"(3) recommendations of the Task Force, if any, for legislative or regulatory actions;
"(4) the progress of air carriers and labor unions in implementing training-related, nonregulatory actions recommended by the Administrator; and
"(5) the progress of air carriers in developing specific programs to share safety data and ensure implementation of the most effective safety practices.
"(e)
"(f)
"SEC. 205. AVIATION SAFETY INSPECTORS AND OPERATIONAL RESEARCH ANALYSTS.
"(a)
"(b)
"(1) to review the level of the Administration's oversight of each part 121 air carrier;
"(2) to make recommendations to ensure that each part 121 air carrier is receiving an equivalent level of oversight;
"(3) to assess the number and level of experience of aviation safety inspectors assigned to each part 121 air carrier;
"(4) to evaluate how the Administration is making assignments of aviation safety inspectors to each part 121 air carrier;
"(5) to review various safety inspector oversight programs, including the geographic inspector program;
"(6) to evaluate the adequacy of the number of operational research analysts assigned to each part 121 air carrier;
"(7) to evaluate the surveillance responsibilities of aviation safety inspectors, including en route inspections;
"(8) to evaluate whether inspectors are able to effectively use data sources, such as the Safety Performance Analysis System and the Air Transportation Oversight System, to assist in targeting oversight of each part 121 air carrier;
"(9) to assess the feasibility of establishment by the Administration of a comprehensive repository of information that encompasses multiple Administration data sources and allows access by aviation safety inspectors and operational research analysts to assist in the oversight of each part 121 air carrier; and
"(10) to conduct such other analyses as the Inspector General considers relevant to the review.
"SEC. 206. FLIGHT CREWMEMBER MENTORING, PROFESSIONAL DEVELOPMENT, AND LEADERSHIP.
"(a)
"(1)
"(A) Establish flight crewmember mentoring programs under which the air carrier will pair highly experienced flight crewmembers who will serve as mentor pilots and be paired with newly employed flight crewmembers. Mentor pilots should be provided, at a minimum, specific instruction on techniques for instilling and reinforcing the highest standards of technical performance, airmanship, and professionalism in newly employed flight crewmembers.
"(B) Establish flight crewmember professional development committees made up of air carrier management and labor union or professional association representatives to develop, administer, and oversee formal mentoring programs of the carrier to assist flight crewmembers to reach their maximum potential as safe, seasoned, and proficient flight crewmembers.
"(C) Establish or modify training programs to accommodate substantially different levels and types of flight experience by newly employed flight crewmembers.
"(D) Establish or modify training programs for second-in-command flight crewmembers attempting to qualify as pilot-in-command flight crewmembers for the first time in a specific aircraft type and ensure that such programs include leadership and command training.
"(E) Ensure that recurrent training for pilots in command includes leadership and command training.
"(F) Such other actions as the aviation rulemaking committee determines appropriate to enhance flight crewmember professional development.
"(2)
"(3)
"(A)
"(B)
"(i) review the programs of such part 121 air carriers to determine whether the programs meet the requirements set forth in the final rule referred to in subsection (b)(2); and
"(ii) expedite the approval of the programs that the Administrator determines meet such requirements.
"(b)
"(1) not later than one year after the date of enactment of this Act, a notice of proposed rulemaking based on the recommendations of the aviation rulemaking committee convened under subsection (a); and
"(2) not later than 36 months after such date of enactment, a final rule based on such recommendations.
"SEC. 207. FLIGHT CREWMEMBER PAIRING AND CREW RESOURCE MANAGEMENT TECHNIQUES.
"(a)
"(b)
"SEC. 208. IMPLEMENTATION OF NTSB FLIGHT CREWMEMBER TRAINING RECOMMENDATIONS.
"(a)
"(1)
"(A) to recognize and avoid a stall of an aircraft or, if not avoided, to recover from the stall; and
"(B) to recognize and avoid an upset of an aircraft or, if not avoided, to execute such techniques as available data indicate are appropriate to recover from the upset in a given make, model, and series of aircraft.
"(2)
"(3)
"(A) not later than one year after the date of enactment of this Act [Aug. 1, 2010], issue a notice of proposed rulemaking under each of paragraphs (1) and (2); and
"(B) not later than 36 months after the date of enactment of this Act, issue a final rule for the rulemaking under each of paragraphs (1) and (2).
"(b)
"(1)
"(2)
"(A) submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the National Transportation Safety Board a report based on the findings of the panel; and
"(B) with respect to stick pusher systems, initiate appropriate actions to implement the recommendations of the panel.
"(c)
"(1)
"(2)
"(3)
"(4)
"SEC. 209. FAA RULEMAKING ON TRAINING PROGRAMS.
"(a)
"(b)
"(1)
"(2)
"(A) the best methods and optimal time needed for flight crewmembers of part 121 air carriers and flight crewmembers of part 135 air carriers to master aircraft systems, maneuvers, procedures, takeoffs and landings, and crew coordination;
"(B) initial and recurrent testing requirements for pilots, including the rigor and consistency of testing programs such as check rides;
"(C) the optimal length of time between training events for such flight crewmembers, including recurrent training events;
"(D) the best methods reliably to evaluate mastery by such flight crewmembers of aircraft systems, maneuvers, procedures, takeoffs and landings, and crew coordination;
"(E) classroom instruction requirements governing curriculum content and hours of instruction;
"(F) the best methods to allow specific academic training courses to be credited toward the total flight hours required to receive an airline transport pilot certificate; and
"(G) crew leadership training.
"(3)
"(4)
"SEC. 210. DISCLOSURE OF AIR CARRIERS OPERATING FLIGHTS FOR TICKETS SOLD FOR AIR TRANSPORTATION.
"[Amended section 41712 of this title.]
"SEC. 211. SAFETY INSPECTIONS OF REGIONAL AIR CARRIERS.
"The Administrator of the Federal Aviation Administration shall perform, not less frequently than once each year, random, onsite inspections of air carriers that provide air transportation pursuant to a contract with a part 121 air carrier to ensure that such air carriers are complying with all applicable safety standards of the Administration.
"SEC. 212. PILOT FATIGUE.
"(a)
"(1)
"(2)
"(A) Time of day of flights in a duty period.
"(B) Number of takeoff and landings in a duty period.
"(C) Number of time zones crossed in a duty period.
"(D) The impact of functioning in multiple time zones or on different daily schedules.
"(E) Research conducted on fatigue, sleep, and circadian rhythms.
"(F) Sleep and rest requirements recommended by the National Transportation Safety Board and the National Aeronautics and Space Administration.
"(G) International standards regarding flight schedules and duty periods.
"(H) Alternative procedures to facilitate alertness in the cockpit.
"(I) Scheduling and attendance policies and practices, including sick leave.
"(J) The effects of commuting, the means of commuting, and the length of the commute.
"(K) Medical screening and treatment.
"(L) Rest environments.
"(M) Any other matters the Administrator considers appropriate.
"(3)
"(A) not later than 180 days after the date of enactment of this Act [Aug. 1, 2010], a notice of proposed rulemaking under paragraph (1); and
"(B) not later than one year after the date of enactment of this Act, a final rule under paragraph (1).
"(b)
"(1)
"(2)
"(A) Current flight time and duty period limitations.
"(B) A rest scheme consistent with such limitations that enables the management of pilot fatigue, including annual training to increase awareness of—
"(i) fatigue;
"(ii) the effects of fatigue on pilots; and
"(iii) fatigue countermeasures.
"(C) Development and use of a methodology that continually assesses the effectiveness of the program, including the ability of the program—
"(i) to improve alertness; and
"(ii) to mitigate performance errors.
"(3)
"(4)
"(A)
"(B)
"(5)
"(6)
"(c)
"(1)
"(2)
"(A) the prevalence of pilot commuting in the commercial air carrier industry, including the number and percentage of pilots who commute;
"(B) information relating to commuting by pilots, including distances traveled, time zones crossed, time spent, and methods used;
"(C) research on the impact of commuting on pilot fatigue, sleep, and circadian rhythms;
"(D) commuting policies of commercial air carriers (including passenger and all-cargo air carriers), including pilot check-in requirements and sick leave and fatigue policies;
"(E) postconference materials from the Federal Aviation Administration's June 2008 symposium titled 'Aviation Fatigue Management Symposium: Partnerships for Solutions';
"(F) Federal Aviation Administration and international policies and guidance regarding commuting; and
"(G) any other matters as the Administrator considers appropriate.
"(3)
"(4)
"(5)
"(A) consider the findings and recommendations in the report; and
"(B) update, as appropriate based on scientific data, regulations required by subsection (a) on flight and duty time.
"SEC. 213. VOLUNTARY SAFETY PROGRAMS.
"(a)
"(b)
"(1) a list of—
"(A) which air carriers are using one or more of the voluntary safety programs referred to in subsection (a); and
"(B) the voluntary safety programs each air carrier is using;
"(2) if an air carrier is not using one or more of the voluntary safety programs—
"(A) a list of such programs the carrier is not using; and
"(B) the reasons the carrier is not using each such program;
"(3) if an air carrier is using one or more of the voluntary safety programs, an explanation of the benefits and challenges of using each such program;
"(4) a detailed analysis of how the Administration is using data derived from each of the voluntary safety programs as safety analysis and accident or incident prevention tools and a detailed plan on how the Administration intends to expand data analysis of such programs;
"(5) an explanation of—
"(A) where the data derived from the voluntary safety programs is stored;
"(B) how the data derived from such programs is protected and secured; and
"(C) what data analysis processes air carriers are implementing to ensure the effective use of the data derived from such programs;
"(6) a description of the extent to which aviation safety inspectors are able to review data derived from the voluntary safety programs to enhance their oversight responsibilities;
"(7) a description of how the Administration plans to incorporate operational trends identified under the voluntary safety programs into the air transport oversight system and other surveillance databases so that such system and databases are more effectively utilized;
"(8) other plans to strengthen the voluntary safety programs, taking into account reviews of such programs by the Inspector General of the Department of Transportation; and
"(9) such other matters as the Administrator determines are appropriate.
"SEC. 214. ASAP AND FOQA IMPLEMENTATION PLAN.
"(a)
"(b)
"(1) how the Administration can assist part 121 air carriers with smaller fleet sizes to derive a benefit from establishing a flight operational quality assurance program;
"(2) how part 121 air carriers with established aviation safety action and flight operational quality assurance programs can quickly begin to report data into the aviation safety information analysis sharing database; and
"(3) how part 121 air carriers and aviation safety inspectors can better utilize data from such database as accident and incident prevention tools.
"(c)
"(d)
"SEC. 215. SAFETY MANAGEMENT SYSTEMS.
"(a)
"(b)
"(1) An aviation safety action program.
"(2) A flight operational quality assurance program.
"(3) A line operations safety audit.
"(4) An advanced qualification program.
"(c)
"(1) not later than 90 days after the date of enactment of this Act [Aug. 1, 2010], a notice of proposed rulemaking under subsection (a); and
"(2) not later than 24 months after the date of enactment of this Act, a final rule under subsection (a).
"(d)
"SEC. 216. FLIGHT CREWMEMBER SCREENING AND QUALIFICATIONS.
"(a)
"(1)
"(2)
"(A)
"(B)
"(i) have obtained an airline transport pilot certificate under part 61 of title 14, Code of Federal Regulations; and
"(ii) have appropriate multi-engine aircraft flight experience, as determined by the Administrator.
"(b)
"(1) not later than 180 days after the date of enactment of this Act, a notice of proposed rulemaking under subsection (a); and
"(2) not later than 24 months after such date of enactment, a final rule under subsection (a).
"(c)
"SEC. 217. AIRLINE TRANSPORT PILOT CERTIFICATION.
"(a)
"(b)
"(1) have sufficient flight hours, as determined by the Administrator, to enable a pilot to function effectively in an air carrier operational environment; and
"(2) have received flight training, academic training, or operational experience that will prepare a pilot, at a minimum, to—
"(A) function effectively in a multipilot environment;
"(B) function effectively in adverse weather conditions, including icing conditions;
"(C) function effectively during high altitude operations;
"(D) adhere to the highest professional standards; and
"(E) function effectively in an air carrier operational environment.
"(c)
"(1)
"(2)
"(d)
"(e)
"(f)
FAA Inspector Training
Pub. L. 108–176, title V, §506, Dec. 12, 2003, 117 Stat. 2560, provided that:
"(a)
"(1)
"(2)
"(A) an analysis of the type of training provided to FAA inspectors;
"(B) actions that the Federal Aviation Administration has undertaken to ensure that FAA inspectors receive up-to-date training on the latest technologies;
"(C) the extent of FAA inspector training provided by the aviation industry and whether such training is provided without charge or on a quid pro quo basis; and
"(D) the amount of travel that is required of FAA inspectors in receiving training.
"(3)
"(b)
"(1) FAA inspectors should be encouraged to take the most up-to-date initial and recurrent training on the latest aviation technologies;
"(2) FAA inspector training should have a direct relation to an individual's job requirements; and
"(3) if possible, a FAA inspector should be allowed to take training at the location most convenient for the inspector.
"(c)
"(1)
"(2)
"(A) A suggested method of modifying FAA inspectors staffing models for application to current local conditions or applying some other approach to developing an objective staffing standard.
"(B) The approximate cost and length of time for developing such models.
"(3)
Air Transportation Oversight System
Pub. L. 106–181, title V, §513, Apr. 5, 2000, 114 Stat. 144, provided that:
"(a)
"(b)
"(1) any funding or staffing constraints that would adversely impact the Administration's ability to continue to develop and implement the air transportation oversight system;
"(2) progress in integrating the aviation safety data derived from such system's inspections with existing aviation data of the Administration in the safety performance analysis system of the Administration; and
"(3) the Administration's efforts in collaboration with the aviation industry to develop and validate safety performance measures and appropriate risk weightings for such system.
"(c)
Regulation of Alaska Guide Pilots
Pub. L. 106–181, title VII, §732, Apr. 5, 2000, 114 Stat. 168, as amended by Pub. L. 118–63, title II, §218(h), May 16, 2024, 138 Stat. 1056, provided that:
"(a)
"(b)
"(1) conducts aircraft operations over or within the State of Alaska;
"(2) operates single engine, fixed-wing aircraft on floats, wheels, or skis, providing commercial hunting, fishing, or other guide services and related accommodations in the form of camps or lodges; and
"(3) transports clients by such aircraft incidental to hunting, fishing, or other guide services."
Aviation Medical Assistance
Pub. L. 105–170, Apr. 24, 1998, 112 Stat. 47, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Aviation Medical Assistance Act of 1998'.
"SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING.
"Not later than 1 year after the date of the enactment of this Act [Apr. 24, 1998], the Administrator of the Federal Aviation Administration shall reevaluate regulations regarding: (1) the equipment required to be carried in medical kits of aircraft operated by air carriers; and (2) the training required of flight attendants in the use of such equipment, and, if the Administrator determines that such regulations should be modified as a result of such reevaluation, shall issue a notice of proposed rulemaking to modify such regulations.
"SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT.
"(a)
"(1) The number of persons who died on aircraft of the air carrier, including any person who was declared dead after being removed from such an aircraft as a result of a medical incident that occurred on such aircraft.
"(2) The age of each such person.
"(3) Any information concerning cause of death that is available at the time such person died on the aircraft or is removed from the aircraft or that subsequently becomes known to the air carrier.
"(4) Whether or not the aircraft was diverted as a result of the death or incident.
"(5) Such other information as the Administrator may request as necessary to aid in a decision as to whether or not to require automatic external defibrillators in airports or on aircraft operated by air carriers, or both.
"(b)
"SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS.
"(a)
"(b)
"(c)
"(1) on passenger aircraft operated by air carriers, the proposed rulemaking or recommendation shall include—
"(A) the size of the aircraft on which such defibrillators should be required;
"(B) the class flights (whether interstate, overseas, or foreign air transportation or any combination thereof) on which such defibrillators should be required;
"(C) the training that should be required for air carrier personnel in the use of such defibrillators; and
"(D) the associated equipment and medication that should be required to be carried in the aircraft medical kit; and
"(2) at airports, the proposed rulemaking or recommendation shall include—
"(A) the size of the airport at which such defibrillators should be required;
"(B) the training that should be required for airport personnel in the use of such defibrillators; and
"(C) the associated equipment and medication that should be required at the airport.
"(d)
"(e)
"SEC. 5. LIMITATIONS ON LIABILITY.
"(a)
"(b)
"SEC. 6. DEFINITIONS.
"In this Act—
"(1) the terms 'air carrier', 'aircraft', 'airport', 'interstate air transportation', 'overseas air transportation', and 'foreign air transportation' have the meanings such terms have under section 40102 of title 49, United States Code;
"(2) the term 'major air carrier' means an air carrier certificated under section 41102 of title 49, United States Code, that accounted for at least 1 percent of domestic scheduled-passenger revenues in the 12 months ending March 31 of the most recent year preceding the date of the enactment of this Act [Apr. 24, 1998], as reported to the Department of Transportation pursuant to part 241 of title 14 of the Code of Federal Regulations; and
"(3) the term 'medically qualified individual' includes any person who is licensed, certified, or otherwise qualified to provide medical care in a State, including a physician, nurse, physician assistant, paramedic, and emergency medical technician."
Definitions
Pub. L. 115–254, div. B, title III, §301, Oct. 5, 2018, 132 Stat. 3260, provided that: "In this title [see Tables for classification], the following definitions apply:
"(1)
"(2)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.