49 U.S.C. § 44705 — Air carrier operating certificates

Page 1337 TITLE 49—TRANSPORTATION § 44705 ‘‘(A) approved aircraft type certificate numbers ATC 1 through ATC 713; and ‘‘(B) Group-2 approved aircraft type certificate numbers 2–1 through 2–544. ‘‘(2) REVISION OF ORDER.—Not later than 3 years after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall revise FAA Order 1350.15C, Item Number 8110. Such revision shall prohibit the destruction of the historical aircraft documents iden- tified in paragraph (1). ‘‘(3) CONSULTATION.—The Administrator may carry out paragraph (1) in consultation with the Archivist of the United States and the Administrator of Gen- eral Services. ‘‘(b) AVAILABILITY OF DOCUMENTS.— ‘‘(1) FREEDOM OF INFORMATION ACT REQUESTS.—The Administrator shall make the documents to be pre- served under subsection (a)(1) available to a person— ‘‘(A) upon receipt of a request made by the person pursuant to section 552 of title 5, United States Code; and ‘‘(B) subject to a prohibition on use of the docu- ments for commercial purposes. ‘‘(2) TRADE SECRETS, COMMERCIAL, AND FINANCIAL IN- FORMATION.—Section 552(b)(4) of such title shall not apply to requests for documents to be made available pursuant to paragraph (1). ‘‘(c) HOLDER OF TYPE CERTIFICATE.— ‘‘(1) RIGHTS OF HOLDER.—Nothing in this section shall affect the rights of a holder or owner of a type certificate identified in subsection (a)(1), nor require the holder or owner to provide, surrender, or preserve any original or duplicate engineering or technical data to or for the Federal Aviation Administration, a person, or the public. ‘‘(2) LIABILITY.—There shall be no liability on the part of, and no cause of action of any nature shall arise against, a holder of a type certificate, its au- thorized representative, its agents, or its employees, or any firm, person, corporation, or insurer related to the type certificate data and documents identified in subsection (a)(1). ‘‘(3) AIRWORTHINESS.—Notwithstanding any other provision of law, the holder of a type certificate iden- tified in subsection (a)(1) shall only be responsible for Federal Aviation Administration regulation require- ments related to type certificate data and documents identified in subsection (a)(1) for aircraft having a standard airworthiness certificate issued prior to the date the documents are released to a person by the Federal Aviation Administration under subsection (b)(1).’’ PLAN FOR DEVELOPMENT AND OVERSIGHT OF SYSTEM FOR CERTIFICATION OF DESIGN ORGANIZATIONS Pub. L. 108–176, title II, § 227(b)(1), Dec. 12, 2003, 117 Stat. 2531, provided that, not later than 4 years after Dec. 12, 2003, the Administrator of the Federal Aviation Administration was to transmit to Congress a plan for the development and oversight of a certification sys- tem of design organizations to ensure compliance with the requirements and minimum standards of section 44701(a) of this title. § 44705. Air carrier operating certificates The Administrator of the Federal Aviation Administration shall issue an air carrier oper- ating certificate to a person desiring to operate as an air carrier when the Administrator finds, after investigation, that the person properly and adequately is equipped and able to operate safe- ly under this part and regulations and standards prescribed under this part. An air carrier oper- ating certificate shall— (1) contain terms necessary to ensure safety in air transportation; and (2) specify the places to and from which, and the airways of the United States over which, a person may operate as an air carrier. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1189.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44705 .......... 49 App.:1424(b). Aug. 23, 1958, Pub. L. 85–726, § 604(b), 72 Stat. 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. In this section, the word ‘‘Administrator’’ in section 604(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 778) is retained on authority of 49:106(g). Before clause (1), the words ‘‘may file with the Sec- retary of Transportation an application for an air car- rier operating certificate’’ and ‘‘the requirements of’’ are omitted as surplus. The word ‘‘rules’’ is omitted as being synonymous with ‘‘regulations’’. In clause (1), the words ‘‘conditions, and limitations . . . reason- ably’’ are omitted as surplus. In clause (2), the word ‘‘places’’ is substituted for ‘‘points’’ for consistency in the revised title. The words ‘‘under an air carrier oper- ating certificate’’ are omitted as surplus. Statutory Notes and Related Subsidiaries COMMERCIAL AIR TOUR AND SPORT PARACHUTING SAFETY Pub. L. 118–63, title III, § 363, May 16, 2024, 138 Stat. 1126, provided that: ‘‘(a) SAFETY REQUIREMENTS FOR COMMERCIAL AIR TOUR OPERATORS.— ‘‘(1) SAFETY REFORMS.— ‘‘(A) AUTHORITY TO CONDUCT NONSTOP COMMERCIAL AIR TOURS.— ‘‘(i) IN GENERAL.—Subject to clause (ii), begin- ning on the date that is 2 years after the date a final rule is published pursuant to paragraph (3), no person may conduct commercial air tours un- less such person either— ‘‘(I) holds a certificate identifying the person as an air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations[,] and conducts all commercial air tours under the applicable provisions of part 121 or part 135 of title 14, Code of Federal Regula- tions; or ‘‘(II) conducts all commercial air tours pursu- ant to the requirements established by the Ad- ministrator [of the Federal Aviation Adminis- tration] under the final rule published pursuant to paragraph (3). ‘‘(ii) SMALL BUSINESS EXCEPTION.—The provi- sions of clause (i) shall not apply to a person who conducts 100 or fewer commercial air tours in a calendar year. ‘‘(B) ADDITIONAL SAFETY REQUIREMENTS.— ‘‘(i) IN GENERAL.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator shall issue new or revised regu- lations to require a commercial air tour operator seeking to conduct an operation with a removed or modified door and a person conducting aerial photography operations seeking to conduct an op- eration with a removed or modified door to re- ceive approval from the Administrator prior to conducting such operation. ‘‘(ii) CONDITIONS AND RESTRICTIONS.—In issuing new or revised regulations under clause (i), the Administrator may impose such conditions and restrictions as determined necessary for safety. ‘‘(iii) CONSIDERATIONS.—In issuing new or re- vised regulations under clause (i), the Adminis- trator shall require a commercial air tour oper- ator to demonstrate to any representative of the FAA [Federal Aviation Administration], upon re- quest, that a pilot authorized to operate such an Page 1338 TITLE 49—TRANSPORTATION § 44705 air tour has received avoidance training for con- trolled flight into terrain and in-flight loss of control. Such training shall address reducing the risk of accidents involving unintentional flight into instrument meteorological conditions to ad- dress day, night, and low-visibility environments with special attention paid to research available as of the date of enactment of this Act on human factors issues involved in such accidents, includ- ing, at a minimum— ‘‘(I) specific terrain, weather, and infrastruc- ture challenges relevant in the local operating environment that increase the risk of such acci- dents; ‘‘(II) pilot decision-making relevant to the avoidance of instrument meteorological condi- tions while operating under visual flight rules; ‘‘(III) use of terrain awareness displays; ‘‘(IV) spatial disorientation risk factors and countermeasures; and ‘‘(V) strategies for maintaining control, in- cluding the use of automated systems. ‘‘(2) AVIATION RULEMAKING COMMITTEE.— ‘‘(A) IN GENERAL.—The Administrator shall con- vene an aviation rulemaking committee to review and develop findings and recommendations to in- crease the safety of commercial air tours. ‘‘(B) CONSIDERATIONS.—The aviation rulemaking committee convened under subparagraph (A) shall consider, at a minimum— ‘‘(i) potential changes to operations regulations or requirements for commercial air tours, includ- ing requiring— ‘‘(I) the adoption of pilot training standards that are comparable, as applicable, to the standards under subpart H of part 135 of title 14, Code of Federal Regulations; and ‘‘(II) the adoption of maintenance standards that are comparable, as applicable, to the standards under subpart J of part 135 of title 14, Code of Federal Regulations; ‘‘(ii) establishing a performance-based standard for flight data monitoring for all commercial air tour operators that reviews all available data sources to identify deviations from established areas of operation and potential safety issues; ‘‘(iii) requiring all commercial air tour opera- tors to install flight data recording devices capa- ble of supporting collection and dissemination of the data incorporated in the Flight Operational Quality Assurance Program under section 13.401 of title 14, Code of Federal Regulations (or, if an aircraft cannot be retrofitted with such equip- ment, requiring the commercial air tour operator for such aircraft to collect and maintain flight data through alternative methods); ‘‘(iv) requiring all commercial air tour opera- tors to implement a flight data monitoring pro- gram, such as a Flight Operational Quality Assur- ance Program; ‘‘(v) establishing methods to provide effective terrain awareness and warning; and ‘‘(vi) establishing methods to provide effective traffic avoidance in identified high-traffic tour areas, such as requiring commercial air tour oper- ators that operate within such areas be equipped with an automatic dependent surveillance-broad- cast out- and in-supported traffic advisory system that— ‘‘(I) includes both visual and aural alerts; ‘‘(II) is driven by an algorithm designed to eliminate nuisance alerts; and ‘‘(III) is operational during all flight oper- ations. ‘‘(vii) codifying and uniformly applying Living History Flight Experience exemption conditions and limitations. ‘‘(C) MEMBERSHIP.—The aviation rulemaking committee convened under subparagraph (A) shall consist of members appointed by the Adminis- trator, including— ‘‘(i) representatives of industry, including man- ufacturers of aircraft and aircraft technologies; ‘‘(ii) air tour operators or organizations that represent such operators; and ‘‘(iii) aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 of title 14, Code of Federal Regulations. ‘‘(D) DUTIES.— ‘‘(i) IN GENERAL.—The Administrator shall di- rect the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in clauses (i) through (vi) of subparagraph (B). ‘‘(ii) CONSIDERATIONS.—In carrying out the du- ties of the aviation rulemaking committee under clause (i), the Administrator shall direct the avia- tion rulemaking committee to consider— ‘‘(I) recommendations of the National Trans- portation Safety Board; ‘‘(II) recommendations of previous aviation rulemaking committees that reviewed flight data monitoring program requirements for com- mercial operators under part 135 of title 14, Code of Federal Regulations; ‘‘(III) recommendations from industry safety organizations, including the Vertical Aviation Safety Team, the General Aviation Joint Safety Committee, and the United States Helicopter Safety Team; ‘‘(IV) scientific data derived from a broad range of flight data recording technologies ca- pable of continuously transmitting and that support a measurable and viable means of as- sessing data to identify and correct hazardous trends; ‘‘(V) appropriate use of data for modifying be- havior to prevent accidents; ‘‘(VI) the need to accommodate technological advancements in flight data recording tech- nology; ‘‘(VII) data gathered from aviation safety re- porting programs; ‘‘(VIII) appropriate methods to provide effec- tive terrain awareness and warning system pro- tections while mitigating nuisance alerts for aircraft; ‘‘(IX) the need to accommodate the diversity of airworthiness standards under part 27 and part 29 of title 14, Code of Federal Regulations; ‘‘(X) the need to accommodate diversity of op- erations and mission sets; ‘‘(XI) benefits of third-party data analysis for large and small operations; ‘‘(XII) accommodations necessary for small businesses; and ‘‘(XIII) other issues, as necessary. ‘‘(E) REPORTS AND REGULATIONS.—Not later than 20 months after the date of enactment of this Act, the Administrator shall 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. ‘‘(3) RULEMAKING REQUIRED.— ‘‘(A) NOTICE OF PROPOSED RULEMAKING.—Not later than 1 year after the date the Administrator sub- mits a report under paragraph (2)(E), the Adminis- trator shall issue a notice of proposed rulemaking establishing increasing safety regulations for com- mercial air tour operators based on the rec- ommendations of the rulemaking committee estab- lished under paragraph (2). ‘‘(B) CONTENTS.—The notice of proposed rule- making under subparagraph (A) shall require, at a minimum— ‘‘(i) the adoption of pilot training standards that are comparable, as applicable, to the stand- ards under subpart H of part 135 of title 14, Code Page 1339 TITLE 49—TRANSPORTATION § 44706 of Federal Regulations[,] for commercial tour op- erators; ‘‘(ii) the adoption of maintenance standards that are comparable, as applicable, to the stand- ards under subpart J of part 135 of title 14, Code of Federal Regulations[,] for commercial tour op- erators; and ‘‘(iii) that beginning on a date determined ap- propriate by the Administrator, a helicopter oper- ated by a commercial air tour operator be equipped with an approved flight data monitoring system capable of recording flight performance data. ‘‘(C) FINAL RULE.—Not later than 2 years after the issuance of a notice of proposed rulemaking under subparagraph (A), the Administrator shall finalize the rule. ‘‘(b) SAFETY REQUIREMENTS FOR SPORT PARACHUTE OPERATIONS.— ‘‘(1) AVIATION RULEMAKING COMMITTEE.—The Admin- istrator shall convene an aviation rulemaking com- mittee to review and develop findings and rec- ommendations to increase the safety of sport para- chute operations. ‘‘(2) CONTENTS.—This aviation rulemaking com- mittee convened under paragraph (1) shall consider, at a minimum— ‘‘(A) potential regulatory action governing para- chute operations that are conducted in the United States and are subject to the requirements of part 105 of title 14, Code of Federal Regulations, to ad- dress— ‘‘(i) whether FAA-approved aircraft mainte- nance and inspection programs that consider, at a minimum, minimum equipment standards in- formed by recommended maintenance instruc- tions of engine manufacturers, such as service bulletins and service information letters for time between overhauls and component life limits, should be implemented; and ‘‘(ii) initial and annual recurrent pilot training and proficiency checks for pilots conducting para- chute operations that address, at a minimum, operation- and aircraft-specific weight and bal- ance calculations, preflight inspections, emer- gency and recovery procedures, and parachutist egress procedures for each type of aircraft flown; and ‘‘(B) the revision of guidance material contained in the advisory circular of the FAA [Federal Avia- tion Administration] titled ‘Sport Parachuting’ (AC 105–2E) to include guidance for parachute oper- ations in implementing the FAA-approved aircraft maintenance and inspection program and the pilot training and pilot proficiency checking programs required under any new or revised regulations; and ‘‘(C) the revision of guidance materials issued in the order of the FAA titled ‘Flight Standards Infor- mation Management System’ (FAA Order 8900.1), to include guidance for FAA inspectors who oversee an operation conducted under— ‘‘(i) part 91 of title 14, Code of Federal Regula- tions; and ‘‘(ii) an exception specified in section 119.1(e) of title 14, Code of Federal Regulations. ‘‘(3) MEMBERSHIP.—The aviation rulemaking com- mittee under paragraph (1) shall consist of members appointed by the Administrator, including— ‘‘(A) representatives of industry, including manu- facturers of aircraft and aircraft technologies; ‘‘(B) parachute operators, or organizations that represent such operators; and ‘‘(C) aviation safety experts with specific knowl- edge of safety management systems and flight data monitoring programs under part 135 and part 105 of title 14, Code of Federal Regulations. ‘‘(4) DUTIES.— ‘‘(A) IN GENERAL.—The Administrator shall direct the aviation rulemaking committee to make find- ings and submit recommendations regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (2). ‘‘(B) CONSIDERATIONS.—In carrying out its duties under subparagraph (A), the Administrator shall di- rect the aviation rulemaking committee to con- sider— ‘‘(i) findings and recommendations of the Na- tional Transportation Safety Board, as relevant, and specifically such findings and recommenda- tions related to parachute operations, including the June 21, 2019, incident in Mokuleia, Hawaii; ‘‘(ii) recommendations of previous aviation rulemaking committees that considered similar issues; ‘‘(iii) recommendations from industry safety or- ganizations, including, at a minimum, the United States Parachute Association; ‘‘(iv) appropriate use of data for modifying be- havior to prevent accidents; ‘‘(v) data gathered from aviation safety report- ing programs; ‘‘(vi) the need to accommodate diversity of op- erations and mission sets; ‘‘(vii) accommodations necessary for small busi- nesses; and ‘‘(viii) other issues as necessary. ‘‘(5) REPORTS AND REGULATIONS.— ‘‘(A) IN GENERAL.—Not later than 36 months after the date of enactment of this Act, the Adminis- trator shall submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee. ‘‘(B) CONTENTS.—The report under subparagraph (A) shall include— ‘‘(i) any recommendations submitted by the aviation rulemaking committee; and ‘‘(ii) any actions the Administrator intends to initiate, if necessary, as a result of such rec- ommendations. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) AIR CARRIER.—The term ‘air carrier’ has the meaning given such term in section 40102 of title 49, United States Code. ‘‘(2) COMMERCIAL AIR TOUR.—The term ‘commercial air tour’ has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations. ‘‘(3) COMMERCIAL AIR TOUR OPERATOR.—The term ‘commercial air tour operator’ has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations. ‘‘(4) PARACHUTE OPERATION.—The term ‘parachute operation’ has the meaning given such term in sec- tion 105.3 of title 14, Code of Federal Regulations (or any successor regulation).’’ § 44706. Airport operating certificates (a) GENERAL.—The Administrator of the Fed- eral Aviation Administration shall issue an air- port operating certificate to a person desiring to operate an airport— (1) that serves an air carrier operating air- craft designed for at least 31 passenger seats; (2) that is not located in the State of Alaska and serves any scheduled passenger operation of an air carrier operating aircraft designed for more than 9 passenger seats but less than 31 passenger seats; and (3) that the Administrator requires to have a certificate; if the Administrator finds, after investigation, that the person properly and adequately is equipped and able to operate safely under this part and regulations and standards prescribed under this part. (b) TERMS.—An airport operating certificate issued under this section shall contain terms