49 U.S.C. § 44723 — Annual report

Page 1367 TITLE 49—TRANSPORTATION § 44724 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44722 .......... 49:1421 (note). Oct. 31, 1992, Pub. L. 102–581, § 124, 106 Stat. 4885. The words ‘‘Before November 1, 1992’’ are omitted as obsolete. The words ‘‘prescribe regulations requiring’’ are substituted for ‘‘require, by regulation’’, and the words ‘‘other factors the Administrator considers ap- propriate’’ are substituted for ‘‘among other things’’, for consistency in the revised title. § 44723. Annual report Not later than January 1 of each year, the Secretary of Transportation shall submit to Congress a comprehensive report on the safety enforcement activities of the Federal Aviation Administration during the fiscal year ending the prior September 30th. The report shall include— (1) a comparison of end-of-year staffing lev- els by operations, maintenance, and avionics inspector categories to staffing goals and a statement on how staffing standards were ap- plied to make allocations between air carrier and general aviation operations, maintenance, and avionics inspectors; (2) schedules showing the range of inspector experience by various inspector work force categories, and the number of inspectors in each of the categories who are considered fully qualified; (3) schedules showing the number and per- centage of inspectors who have received man- datory training by individual course, and the number of inspectors by work force categories, who have received all mandatory training; (4) a description of the criteria used to set annual work programs, an explanation of how these criteria differ from criteria used in the prior fiscal year and how the annual work pro- grams ensure compliance with appropriate regulations and safe operating practices; (5) a comparison of actual inspections per- formed during the fiscal year to the annual work programs by field location and, for any field location completing less than 80 percent of its planned number of inspections, an expla- nation of why annual work program plans were not met; (6) a statement of the adequacy of Adminis- tration internal management controls avail- able to ensure that field managers comply with Administration policies and procedures, including those on inspector priorities, dis- trict office coordination, minimum inspection standards, and inspection followup; (7) the status of efforts made by the Admin- istration to update inspector guidance docu- ments and regulations to include techno- logical, management, and structural changes taking place in the aviation industry, includ- ing a listing of the backlog of all proposed reg- ulatory amendments; (8) a list of the specific operational measures of effectiveness used to evaluate— (A) the progress in meeting program objec- tives; (B) the quality of program delivery; and (C) the nature of emerging safety prob- lems; (9) a schedule showing the number of civil penalty cases closed during the 2 prior fiscal years, including the total initial and final pen- alties imposed, the total number of dollars collected, the range of dollar amounts col- lected, the average case processing time, and the range of case processing time; (10) a schedule showing the number of en- forcement actions taken (except civil pen- alties) during the 2 prior fiscal years, includ- ing the total number of violations cited, and the number of cited violation cases closed by certificate suspensions, certificate revoca- tions, warnings, and no action taken; and (11) schedules showing the safety record of the aviation industry during the fiscal year for air carriers and general aviation, includ- ing— (A) the number of inspections performed when deficiencies were identified compared with inspections when no deficiencies were found; (B) the frequency of safety deficiencies for each air carrier; and (C) an analysis based on data of the gen- eral status of air carrier and general avia- tion compliance with aviation regulations. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1202.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44723 .......... 49:308 (note). Dec. 22, 1987, Pub. L. 100–202, § 317(a), 101 Stat. 1329–380. Sept. 30, 1988, Pub. L. 100–457, § 317(a), 102 Stat. 2148. In clauses (4) and (7), the word ‘‘regulations’’ is sub- stituted for ‘‘Federal regulations’’ for consistency in the revised title. In clause (5), the words ‘‘by field location’’ are sub- stituted for ‘‘disaggregated to the field locations’’ for clarity. In clause (8), before subclause (A), the words ‘‘ ‘best proxies’ standing between the ultimate goal of accident prevention and ongoing program activities’’ are omit- ted as surplus. In clause (9), the words ‘‘penalties imposed’’ are sub- stituted for ‘‘assessments’’ for consistency in the re- vised title and with other titles of the United States Code. In clause (11)(C), the words ‘‘aviation regulations’’ are substituted for ‘‘Federal Aviation Regulations’’ for consistency in the revised title. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 22nd item on page 132 and the 10th item on page 135 of House Doc- ument No. 103–7. § 44724. Manipulation of flight controls (a) PROHIBITION.—No pilot in command of an aircraft may allow an individual who does not hold— (1) a valid private pilots certificate issued by the Administrator of the Federal Aviation Ad- ministration under part 61 of title 14, Code of Federal Regulations; and