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49 U.S.C. § 44505 — Systems, procedures, facilities, services, and devices
Federal law — U.S. Code and appendices · legal_authorities
**(a) General Requirements.—**
(1) The Administrator of the Federal Aviation Administration shall—
(A) develop, alter, test, and evaluate systems, procedures, facilities, services, and devices, and define their performance characteristics, to meet the needs for safe and efficient navigation and traffic control of civil and military aviation, except for needs of the armed forces that are peculiar to air warfare and primarily of military concern; and
(B) select systems, procedures, facilities, services, and devices that will best serve those needs and promote maximum coordination of air traffic control and air defense systems.
(2) The Administrator may make contracts to carry out this subsection without regard to section 3324(a) and (b) of title 31.
(3) When a substantial question exists under paragraph (1) of this subsection about whether a matter is of primary concern to the armed forces, the Administrator shall decide whether the Administrator or the Secretary of the appropriate military department has responsibility. The Administrator shall be given technical information related to each research and development project of the armed forces that potentially applies to, or potentially conflicts with, the common system to ensure that potential application to the common system is considered properly and that potential conflicts with the system are eliminated.
**(b) Research on Human Factors and Simulation Models.—** The Administrator shall conduct or supervise research—
(1) to develop a better understanding of the relationship between human factors and aviation accidents and between human factors and air safety;
(2) to enhance air traffic controller, mechanic, and flight crew performance;
(3) to develop a human-factor analysis of the hazards associated with ne
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Source location: Title 49, Chapter 445, § 44505; chapter-445-facilities-personnel-and-research.md
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**(a) General Requirements.—**
(1) The Administrator of the Federal Aviation Administration shall—
(A) develop, alter, test, and evaluate systems, procedures, facilities, services, and devices, and define their performance characteristics, to meet the needs for safe and efficient navigation and traffic control of civil and military aviation, except for needs of the armed forces that are peculiar to air warfare and primarily of military concern; and
(B) select systems, procedures, facilities, services, and devices that will best serve those needs and promote maximum coordination of air traffic control and air defense systems.
(2) The Administrator may make contracts to carry out this subsection without regard to section 3324(a) and (b) of title 31.
(3) When a substantial question exists under paragraph (1) of this subsection about whether a matter is of primary concern to the armed forces, the Administrator shall decide whether the Administrator or the Secretary of the appropriate military department has responsibility. The Administrator shall be given technical information related to each research and development project of the armed forces that potentially applies to, or potentially conflicts with, the common system to ensure that potential application to the common system is considered properly and that potential conflicts with the system are eliminated.
**(b) Research on Human Factors and Simulation Models.—** The Administrator shall conduct or supervise research—
(1) to develop a better understanding of the relationship between human factors and aviation accidents and between human factors and air safety;
(2) to enhance air traffic controller, mechanic, and flight crew performance;
(3) to develop a human-factor analysis of the hazards associated with new technologies to be used by air traffic controllers, mechanics, and flight crews;
(4) to identify innovative and effective corrective measures for human errors that adversely affect air safety;
(5) to develop or procure dynamic simulation models and tools of the air traffic control system and airport design and operating procedures that will provide analytical technology—
(A) to predict airport and air traffic control safety and capacity problems;
(B) to evaluate planned research projects; and
(C) to test proposed revisions in airport and air traffic control operations programs;
(6) to develop a better understanding of the relationship between human factors and unmanned aircraft system safety; and
(7) to develop or procure dynamic simulation models and tools for integrating all classes of unmanned aircraft systems into the national airspace system without any degradation of existing levels of safety for all national airspace system users.
**(c) Research on Developing and Maintaining a Safe and Efficient System.—** The Administrator shall conduct or supervise research on—
(1) airspace and airport planning and design;
(2) airport capacity enhancement techniques;
(3) human performance in the air transportation environment;
(4) aviation safety and security;
(5) the supply of trained air transportation personnel, including pilots and mechanics; and
(6) other aviation issues related to developing and maintaining a safe and efficient air transportation system.
**(d) Research on Design for Certification.—**
(1) **Research.—** — Not later than 1 year after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator shall conduct research on methods and procedures to improve both confidence in and the timeliness of certification of new technologies for their introduction into the national airspace system.
(2) **Research plan.—** — Not later than 6 months after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator shall develop a plan for the research under paragraph (1) that contains objectives, proposed tasks, milestones, and a 5-year budgetary profile.
(3) **Review.—** — The Administrator shall enter into an arrangement with the National Research Council to conduct an independent review of the plan developed under paragraph (2) and shall provide the results of that review to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 18 months after the date of enactment of the FAA Modernization and Reform Act of 2012.
**(e) Cooperative Agreements.—** The Administrator may enter into cooperative agreements on a cost-shared basis with Federal and non-Federal entities that the Administrator may select in order to conduct, encourage, and promote aviation research, engineering, and development, including the development of prototypes and demonstration models.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—**
(1) The Administrator of the Federal Aviation Administration may—
(A) acquire, establish, improve, operate, and maintain air navigation facilities; and
(B) provide facilities and personnel to regulate and protect air traffic.
(2) The cost of site preparation work associated with acquiring, establishing, or improving an air navigation facility under paragraph (1)(A) of this subsection shall be charged to amounts available for that purpose appropriated under [section 48101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section48101/a&num=0&edition=prelim). The Secretary of Transportation may make an agreement with an airport owner or sponsor (as defined in [section 47102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47102&num=0&edition=prelim)) so that the owner or sponsor will provide the work and be paid or reimbursed by the Secretary from the appropriated amounts.
(3) The Secretary of Transportation may authorize a department, agency, or instrumentality of the United States Government to carry out any duty or power under this subsection with the consent of the head of the department, agency, or instrumentality.
(4) **Purchase of instrument landing system.—**
(A) *Establishment of program.—* — The Secretary shall purchase precision approach instrument landing system equipment for installation at airports on an expedited basis.
(B) *Authorization.—* — No less than $30,000,000 of the amounts appropriated under section 48101(a) for each of fiscal years 2000 through 2002 shall be used for the purpose of carrying out this paragraph, including acquisition under new or existing contracts, site preparation work, installation, and related expenditures.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44502
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section, the following definitions apply:
(1) **Airport, commercial service airport, and public agency.—** — The terms “airport”, “commercial service airport”, and “public agency” have the meaning those terms have under section 47102.
(2) **Eligible agency.—** — The term “eligible agency” means a public agency that controls a commercial service airport.
(3) **Eligible airport-related project.—** — The term “eligible airport-related project” means any of the following projects:
(A) A project for airport development or airport planning under subchapter I of chapter 471.
(B) A project for terminal development described in section 47119(a).
(C) A project for costs of terminal development referred to in subparagraph (B) incurred after August 1, 1986, at an airport that did not have more than .25 percent of the total annual passenger boardings in the United States in the most recent calendar year for which data is available and at which total passenger boardings declined by at least 16 percent between calendar year 1989 and calendar year 1997.
(D) A project for airport noise capability planning under section 47505.
(E) A project to carry out noise compatibility measures eligible for assistance under section 47504, whether or not a program for those measures has been approved under section 47504.
(F) A project for constructing gates and related areas at which passengers board or exit aircraft. In the case of a project required to enable additional air service by an air carrier with less than 50 percent of the annual passenger boardings at an airport, the project for constructing gates and related areas may include structural foundations and floor systems, exterior building walls and load-bearing interior columns or walls, wind
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40117
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1001
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter, the following definitions apply:
(1) **Actively tethered unmanned aircraft system.—** — The term “actively tethered unmanned aircraft system” means an unmanned aircraft system in which the unmanned aircraft component—
(A) weighs 55 pounds or less, including payload but not including the tether;
(B) is physically attached to a ground station with a taut, appropriately load-rated tether that provides continuous power to the unmanned aircraft and is unlikely to be separated from the unmanned aircraft;
(C) is controlled and retrieved by such ground station through physical manipulation of the tether;
(D) is able to maintain safe flight control in the event of a power or flight control failure during flight; and
(E) is programmed to initiate a controlled landing in the event of a tether separation.
(2) **Appropriate committees of congress.—** — The term “appropriate committees of Congress” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(3) **Arctic.—** — The term “Arctic” means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain.
(4) **Certificate of waiver; certificate of authorization.—** — The terms “certificate of waiver” and “certificate of authorization” mean a Federal Aviation Administration grant of approval for a specific flight operation.
(5) **Counter-UAS system.—** — The term “counter-UAS system” means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an unmanned aircraft or unmanned aircraft system.
(6) **Permanent areas.—** — The term “permanent areas” means areas on land or water that provide for launch, recovery, and
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44801
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An agency shall accord exclusive recognition to a labor organization if the organization has been selected as the representative, in a secret ballot election, by a majority of the employees in an appropriate unit who cast valid ballots in the election.
**(b)** If a petition is filed with the Authority—
(1) by any person alleging—
(A) in the case of an appropriate unit for which there is no exclusive representative, that 30 percent of the employees in the appropriate unit wish to be represented for the purpose of collective bargaining by an exclusive representative, or
(B) in the case of an appropriate unit for which there is an exclusive representative, that 30 percent of the employees in the unit allege that the exclusive representative is no longer the representative of the majority of the employees in the unit; or
(2) by any person seeking clarification of, or an amendment to, a certification then in effect or a matter relating to representation;
the Authority shall investigate the petition, and if it has reasonable cause to believe that a question of representation exists, it shall provide an opportunity for a hearing (for which a transcript shall be kept) after reasonable notice. If the Authority finds on the record of the hearing that a question of representation exists, the Authority shall supervise or conduct an election on the question by secret ballot and shall certify the results thereof. An election under this subsection shall not be conducted in any appropriate unit or in any subdivision thereof within which, in the preceding 12 calendar months, a valid election under this subsection has been held.
**(c)** A labor organization which—
(1) has been designated by at least 10 percent of the employees in the unit specified in any petition file
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7111
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation.
**(b) Administration Leadership.—**
(1) **Administrator.—**
(A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.
(B) *Qualifications.—* — The Administrator shall—
(i) be a citizen of the United States;
(ii) not be an active duty member of the Armed Forces;
(iii) not have retired from the Armed Forces within the 7 years preceding nomination; and
(iv) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.
(D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years.
(E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.
(2) **Deputy administrator.—**
(A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President.
(B) *Qualifications.—* — The Deputy Administrator shall—
(i) be a citizen of the United States; and
(ii) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Economic Regulation.—** In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity:
(1) assigning and maintaining safety as the highest priority in air commerce.
(2) before authorizing new air transportation services, evaluating the safety implications of those services.
(3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public.
(4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices.
(5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions.
(6) placing maximum reliance on competitive market forces and on actual and potential competition—
(A) to provide the needed air transportation system; and
(B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation.
(7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of—
(A) the
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Long Range Plans and Policy Requirements.—** The Administrator of the Federal Aviation Administration shall make long range plans and policy for the orderly development and use of the navigable airspace, and the orderly development of air navigation facilities and services, that will best meet the needs of, and serve the interests of, civil aeronautics and the national defense, except for needs of the armed forces that are peculiar to air warfare and primarily of military concern.
**(b) Airway Capital Investment Plan.—** The Administrator of the Federal Aviation Administration shall review, revise, and publish a national airways system plan, known as the Airway Capital Investment Plan, before the beginning of each fiscal year. The plan shall set forth—
(1) for a 10-year period, the research, engineering, procurement, and development programs and the facilities, services, and equipment that the Administrator considers necessary for a system of airways, air traffic services, and navigation aids that will—
(A) meet the forecasted needs of civil aeronautics;
(B) meet the requirements that the Secretary of Defense establishes for the support of the national defense; and
(C) provide the highest degree of safety in air commerce;
(2) for the first and second years of the plan, detailed annual estimates of—
(A) the number, type, location, and cost of acquiring, operating, and maintaining required facilities and services;
(B) the cost of research, engineering, procurement, and development required to improve safety, system capacity, and efficiency; and
(C) personnel levels required for the activities described in subparagraphs (A) and (B);
(3) for the third, fourth, and fifth years of the plan, estimates of the total cost of each major program for the
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44501
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Federal law — U.S. Code and appendices · legal_authorities
Page 1255
TITLE 49—TRANSPORTATION
§ 44505
2003], technologies to enable rotorcraft with the fol-
lowing improvements relative to rotorcraft existing as
of the date of the enactment of this Act:
‘‘(1) 80 percent reduction in noise levels on takeoff
and on approach and landing as perceived by a human
observer.
‘‘(2) Factor of 10 reduction in vibration.
‘‘(3) 30 percent reduction in empty weight.
‘‘(4) Predicted accident rate equivalent to that of
fixed-wing aircraft in commercial service within 10
years after the date of the enactment of this Act.
‘‘(5) Capability for zero-ceiling, zero-visibility oper-
ations.
‘‘(b) IMPLEMENTATION.—Within 180 days after the date
of the enactment of this Act [Dec. 12, 2003], the Admin-
istrator of the Federal Aviation Administration, in co-
operation with the Administrator of the National Aero-
nautics and Space Administration, shall provide a plan
to the Committee on Science [now Committee on
Science, Space, and Technology] of the House of Rep-
resentatives and to the Committee on Commerce,
Science, and Transportation of the Senate for the im-
plementation of the initiative described in subsection
(a).’’
SPECIALTY METALS CONSORTIUM
Pub. L. 106–181, title VII, § 742, Apr. 5, 2000, 114 Stat.
175, provided that:
‘‘(a) IN GENERAL.—The Administrator [of the Federal
Aviation Administration] may work with a consortium
of domestic metal producers and aircraft engine manu-
facturers to improve the quality of turbine engine ma-
terials and to address melting technology enhance-
ments.
‘‘(b) REPORT.—Not later than 6 months after entering
into an agreement with a consortium described in sub-
section (a), the Administrator shall transmit to Con-
gress a report on the goals and efforts of the consor-
tium.’’
§ 44505. Systems, pr
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 44505
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