49 U.S.C. § 44701 — General requirements

Page 1277 TITLE 49—TRANSPORTATION § 44701 Sec. 44748. Aircraft dispatching. Editorial Notes AMENDMENTS 2024—Pub. L. 118–63, title III, §§ 302(a)(3), 342(f), 352(b), 369(c), title IV, § 420(b)(2), May 16, 2024, 138 Stat. 1069, 1101, 1112, 1139, 1165, added items 44733 and 44745 to 44748 and struck out former item 44733 ‘‘Inspection of repair stations located outside the United States’’. 2022—Pub. L. 117–328, div. O, title V, § 501(e), Dec. 29, 2022, 136 Stat. 5231, added item 44744. 2020—Pub. L. 116–260, div. V, title I, §§ 107(d)(2), 119(b), Dec. 27, 2020, 134 Stat. 2326, 2339, added items 44740 to 44743 and struck out second item 44737 ‘‘Special rule for certain aircraft operations’’. 2018—Pub. L. 115–254, div. B, title II, § 212(b), title III, § 317(b), title IV, §§ 408(b), 417(b), title V, § 581(b)(2), Oct. 5, 2018, 132 Stat. 3249, 3269, 3330, 3334, 3398, added item 44736, two items 44737, and items 44738 and 44739. 2016—Pub. L. 114–328, div. A, title III, § 341(a)(4)(B), Dec. 23, 2016, 130 Stat. 2081, substituted ‘‘Structures interfering with air commerce or national security’’ for ‘‘Structures interfering with air commerce’’ in item 44718. 2012—Pub. L. 112–95, title III, §§ 303(c)(2), 306(c), 307(c), 308(b), 309(b), 310(b), Feb. 14, 2012, 126 Stat. 58, 61, 62, 64, 65, substituted ‘‘Type certificates, production certifi- cates, airworthiness certificates, and design and pro- duction organization certificates’’ for ‘‘Type certifi- cates, production certificates, airworthiness certifi- cates, and design organization certificates’’ in item 44704 and added items 44730 to 44735. 2007—Pub. L. 110–135, § 2(b), Dec. 13, 2007, 121 Stat. 1452, added item 44729. 2003—Pub. L. 108–176, title II, § 227(e)(2), title V, § 502(b), title VIII, § 814(b), Dec. 12, 2003, 117 Stat. 2532, 2557, 2592, substituted ‘‘Type certificates, production certificates, airworthiness certificates, and design or- ganization certificates’’ for ‘‘Type certificates, produc- tion certificates, and airworthiness certificates’’ in item 44704 and added items 44727 and 44728. 2000—Pub. L. 106–181, title V, §§ 504(c), 505(a)(2), title VI, § 603(b), Apr. 5, 2000, 114 Stat. 134, 136, 152, sub- stituted ‘‘Aeronautical charts and related products and services’’ for ‘‘Aeronautical maps and charts’’ in item 44721 and added items 44725 and 44726. 1996—Pub. L. 104–264, title VI, § 602(a)(2), Oct. 9, 1996, 110 Stat. 3264, added item 44724. § 44701. General requirements (a) PROMOTING SAFETY.—The Administrator of the Federal Aviation Administration shall pro- mote safe flight of civil aircraft in air commerce by prescribing— (1) minimum standards required in the inter- est 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 ap- pliances; (B) equipment and facilities for, and the timing and manner of, the inspecting, serv- icing, 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, air- craft engines, propellers, appliances, and air- craft 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 nec- essary for safety in air commerce and national security. (b) PRESCRIBING MINIMUM SAFETY STAND- ARDS.—The Administrator may prescribe min- imum safety standards for— (1) an air carrier to whom a certificate is issued under section 44705 of this title; and (2) operating an airport serving any pas- senger operation of air carrier aircraft de- signed for at least 31 passenger seats. (c) REDUCING AND ELIMINATING ACCIDENTS.— The Administrator shall carry out this chapter in a way that best tends to reduce or eliminate the possibility or recurrence of accidents in air transportation. However, the Administrator is not required to give preference either to air transportation or to other air commerce in car- rying out this chapter. (d) CONSIDERATIONS AND CLASSIFICATION OF REGULATIONS AND STANDARDS.—When pre- scribing a regulation or standard under sub- section (a) or (b) of this section or any of sec- tions 44702–44716 of this title, the Administrator shall— (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 appro- priate to the differences between air transpor- tation and other air commerce. (e) BILATERAL EXCHANGES OF SAFETY OVER- SIGHT RESPONSIBILITIES.— (1) IN GENERAL.—Notwithstanding the provi- sions of this chapter, the Administrator, pur- suant to Article 83 bis of the Convention on International Civil Aviation and by a bilateral agreement with the aeronautical authorities of another country, may exchange with that country all or part of their respective func- tions and duties with respect to registered air- craft under the following articles of the Con- vention: Article 12 (Rules of the Air); Article 31 (Certificates of Airworthiness); or Article 32a (Licenses of Personnel). (2) RELINQUISHMENT AND ACCEPTANCE OF RE- SPONSIBILITY.—The Administrator relinquishes responsibility with respect to the functions and duties transferred by the Administrator as specified in the bilateral agreement, under the Articles listed in paragraph (1) for United States-registered aircraft described in para- graph (4)(A) transferred abroad and accepts re- sponsibility with respect to the functions and duties under those Articles for aircraft reg- istered abroad and described in paragraph (4)(B) that are transferred to the United States. Page 1278 TITLE 49—TRANSPORTATION § 44701 (3) CONDITIONS.—The Administrator may predicate, in the agreement, the transfer of functions and duties under this subsection on any conditions the Administrator deems nec- essary and prudent, except that the Adminis- trator may not transfer responsibilities for United States registered aircraft described in paragraph (4)(A) to a country that the Admin- istrator determines is not in compliance with its obligations under international law for the safety oversight of civil aviation. (4) REGISTERED AIRCRAFT DEFINED.—In this subsection, the term ‘‘registered aircraft’’ means— (A) aircraft registered in the United States and operated pursuant to an agreement for the lease, charter, or interchange of the air- craft or any similar arrangement by an oper- ator that has its principal place of business or, if it has no such place of business, its per- manent 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 perma- nent residence in the United States. (5) FOREIGN AIRWORTHINESS DIRECTIVES.— (A) ACCEPTANCE.—Subject to subparagraph (D), the Administrator may accept an air- worthiness directive, as defined in section 39.3 of title 14, Code of Federal Regulations, issued by an aeronautical safety authority of a foreign country, and leverage that authority’s regulatory process, if— (i) the country is the state of design for the product that is the subject of the air- worthiness directive; (ii) the United States has a bilateral safety agreement relating to aircraft cer- tification with the country; (iii) as part of the bilateral safety agree- ment with the country, the Administrator has determined that such aeronautical safety authority has an aircraft certifi- cation system relating to safety that pro- duces a level of safety equivalent to the level produced by the system of the Fed- eral Aviation Administration; (iv) the aeronautical safety authority of the country utilizes an open and trans- parent notice and comment process in the issuance of airworthiness directives; and (v) the airworthiness directive is nec- essary to provide for the safe operation of the aircraft subject to the directive. (B) ALTERNATIVE APPROVAL PROCESS.—Not- withstanding subparagraph (A), the Admin- istrator may issue a Federal Aviation Ad- ministration airworthiness directive instead of accepting an airworthiness directive oth- erwise eligible for acceptance under such subparagraph, if the Administrator deter- mines that such issuance is necessary for safety or operational reasons due to the complexity or unique features of the Federal Aviation Administration airworthiness di- rective or the United States aviation sys- tem. (C) ALTERNATIVE MEANS OF COMPLIANCE.— The Administrator may— (i) accept an alternative means of com- pliance, 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 al- ternative means of compliance with re- spect to the airworthiness directive. (D) LIMITATION.—The Administrator may not accept an airworthiness directive issued by an aeronautical safety authority of a for- eign country if the airworthiness directive addresses matters other than those involv- ing the safe operation of an aircraft. (f) EXEMPTIONS.—The Administrator may grant an exemption from a requirement of a reg- ulation prescribed under subsection (a) or (b) of this section or any of sections 44702–44716 of this title if the Administrator finds the exemption is in the public interest. (g) EXCLUSIVE RULEMAKING AUTHORITY.—Not- withstanding any other provision of law and ex- cept as provided in section 40131, the Adminis- trator, in consultation with the heads of such other agencies as the Administrator determines necessary, shall have exclusive authority to pre- scribe regulations for purposes of assuring the cybersecurity of civil aircraft, aircraft engines, propellers, and appliances. (h) POLICIES, ORDERS, AND GUIDANCE.— (1) CONSISTENCY OF APPLICATION.—The Ad- ministrator shall ensure consistency in the ap- plication of policies, orders, and guidance of the Administration by— (A) audits of the application and interpre- tation 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 dem- onstrated ambiguities, such as through re- peated inconsistent interpretation; and (C) ensuring officials are properly docu- menting findings and decisions throughout a project to decrease the occurrence of dupli- cative work and inconsistent findings by subsequent officials assigned to the same project. (2) ALTERATIONS.—The Administrator shall consult as appropriate with regulated entities who will be impacted by proposed changes to the content or application of policies, orders, and guidance before making such changes. (3) AUTHORITIES AND REGULATIONS.—The Ad- ministrator shall issue policies, orders, and guidance documents that are related to a law or regulation or clarify the intent of or com- pliance with specific laws and regulations. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1185; Pub. L. 103–429, § 6(55), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 106–181, title VII, § 714, Apr. 5, 2000, 114 Stat. 161; Pub. L. 115–254, div. B, title II, § 242, Oct. 5, 2018, 132 Stat. 3258; Pub. L. 118–63, title Page 1279 TITLE 49—TRANSPORTATION § 44701 III, § 392, title VIII, § 822, May 16, 2024, 138 Stat. 1143, 1331.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 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) (re- lated to stand- ards). 49 App.:1432(a) (re- lated to stand- ards). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 612(a) (re- lated 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 regula- tions). 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 au- thority of 49:106(g). In subsection (a), before clause (1), the words ‘‘is em- powered 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 ‘‘reason- able’’ are omitted as surplus and the word ‘‘rules’’ is omitted as being synonymous with ‘‘regulations’’. In clause (5), the words ‘‘to provide adequately’’ are omit- ted 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 unsched- uled’’ are omitted as surplus. In subsection (c), the words ‘‘carry out’’ are sub- stituted for ‘‘exercise and perform his powers and du- ties under’’, and the words ‘‘in carrying out’’ are sub- stituted 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 omit- ted as surplus. In clause (1)(A), the word ‘‘provide’’ is substituted for ‘‘perform’’ for consistency in the re- vised 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 sub- stituted ‘‘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 fis- cal 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 safe- ty management system, the Administrator [of the Fed- eral Aviation Administration] shall consider the scalability of such safety management system require- ments, 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, in- cluding, 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 manage- ment 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 enti- ties 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) REVIEW.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall review relevant policies and guidance, including all advisory circulars, information bulletins, and directives, per- taining to part 60 of title 14, Code of Federal Regula- tions. ‘‘(b) UPDATES.—Upon completion of the review re- quired under subsection (a), the Administrator shall, at a minimum, update relevant policies and guidance, in- cluding all advisory circulars, information bulletins, and directives, pertaining to part 60 of title 14, Code of Federal Regulations. ‘‘(c) CONSULTATION.—In carrying out the review re- quired under subsection (a), the Administrator shall convene and consult with entities required to comply with part 60 of title 14, Code of Federal Regulations, in- cluding representatives of— ‘‘(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 simula- tion training devices (as defined in part 1 of title 14, Code of Federal Regulations, and Appendix F to part 60 of such title). Page 1280 TITLE 49—TRANSPORTATION § 44701 ‘‘(d) GAO STUDY ON FAA NATIONAL SIMULATOR PRO- GRAM.— ‘‘(1) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Comptroller General [of the United States] shall conduct a study on the National Simulator Program of the FAA [Fed- eral Aviation Administration] that is part of the Training and Simulation Group of the Air Transpor- tation Division. ‘‘(2) CONSIDERATIONS.—In conducting the study re- quired under paragraph (1), the Comptroller General shall, at a minimum, assess— ‘‘(A) how the program described in paragraph (1) is maintained to reflect and account for advance- ment in technologies pertaining to flight simula- tion 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 stake- holders, including flight schools, to ensure efficient compliance with part 60 of title 14, Code of Federal Regulations. ‘‘(3) REPORT.—Not later than 18 months after the date of enactment of this Act, the Comptroller Gen- eral 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 on the findings of the study conducted under paragraph (1).’’ AIRCRAFT INTERCHANGE AGREEMENT LIMITATIONS Pub. L. 118–63, title III, § 329, May 16, 2024, 138 Stat. 1086, provided that: ‘‘(a) STUDY.—Not later than 90 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall conduct a study of foreign interchange agreements. ‘‘(b) CONTENTS.—In carrying out the study required under subsection (a), the Administrator shall address the following: ‘‘(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) BRIEFING.—Not later than 2 years after the date of enactment of this Act, the Administrator shall brief 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] on the results of the study required under subsection (a). ‘‘(d) RULEMAKING.—Based on the results of the study required under subsection (a), the Administrator may, if appropriate, update the relevant sections of part 121 of title 14, Code of Federal Regulations.’’ TARMAC OPERATIONS MONITORING STUDY Pub. L. 118–63, title III, § 338, May 16, 2024, 138 Stat. 1093, provided that: ‘‘(a) IN GENERAL.—The Director of the Bureau of Transportation Statistics, in consultation with rel- evant offices within the Office of the Secretary [of Transportation] and the FAA [Federal Aviation Admin- istration] (as determined by the Secretary), shall con- duct a study to explore the capture, storage, analysis, and feasibility of monitoring ground source data at air- ports. ‘‘(b) OBJECTIVES.—The objectives of the study con- ducted under subsection (a) shall include the following: ‘‘(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 pro- gram established under subsection (c) and collecting ground-based tarmac delay statistics. ‘‘(4) Performing an evaluation and feasibility anal- ysis of potential system-level tarmac operations monitoring solutions. ‘‘(c) PILOT PROGRAM.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Di- rector shall establish a pilot program to collect data and develop ground-based tarmac delay statistics or other relevant statistics with respect to airports. ‘‘(2) REQUIREMENTS.—The pilot program established under paragraph (1) shall— ‘‘(A) include up to 6 airports that the Director de- termines reflect a diversity of factors, including ge- ography, 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 Di- rector. ‘‘(d) REPORT.—Not later than 4 years after the date of enactment of this Act, the Director shall publish the results of the study conducted under subsection (a) and the pilot program established under subsection (c) on a publicly available website.’’ 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) IN GENERAL.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall implement improvements to the Aviation Safety Information Analysis and Sharing Program with re- spect to safety data sharing and risk mitigation. ‘‘(b) REQUIREMENTS.—In carrying out subsection (a), the Administrator shall— ‘‘(1) identify methods to increase the rate at which data is collected, processed, and analyzed to expedi- tiously share safety intelligence; ‘‘(2) develop predictive capabilities to anticipate emerging safety risks; ‘‘(3) identify methods to improve shared data envi- ronments with external stakeholders; ‘‘(4) establish a robust process for prioritizing re- quests 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) IMPLEMENTATION.—In carrying out subsection (a), the Administrator shall— ‘‘(1) prioritize production-ready configurable solu- tions over custom development, as appropriate, to support FAA [Federal Aviation Administration] crit- ical aviation safety programs; and ‘‘(2) ensure that adequate market research is com- pleted in accordance with FAA acquisition manage- ment system requirements, including appropriate Page 1281 TITLE 49—TRANSPORTATION § 44701 demonstrations of proposed solutions, as part of the evaluation criteria. ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed— ‘‘(1) to require the Administrator to share confiden- tial or proprietary information and data to safety in- spectors 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) BRIEFING.—Not later than 180 days after the date of enactment of this Act, and every 6 months thereafter until the improvements under subsection (a) are made, the Administrator shall brief the appropriate commit- tees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Rep- resentatives] on the progress of implementation of the Aviation Safety Information Analysis and Sharing Pro- gram, including— ‘‘(1) an assessment of the progress of the FAA to- ward achieving milestones for such program identi- fied 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 sub- section (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) PART 91 TAIL–END FERRY RULEMAKING.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Avia- tion Administration] shall require that any operation conducted by a flight crewmember during an assigned duty period under the operational control of an oper- ator holding a certificate under part 135 of title 14, Code of Federal Regulations, before, during, or after the duty period (including any operations under part 91 of title 14, Code of Federal Regulations), without an in- tervening rest period, shall count towards the flight time and duty period limitations of such flight crew- member under part 135 of title 14, Code of Federal Reg- ulations. ‘‘(b) RECORD KEEPING.—Not later than 1 year after the date of enactment of this Act, the Administrator shall update any Administration policy and guidance regard- ing complete and accurate record keeping practices for operators holding a certificate under part 135 of title 14, Code of Federal Regulations, in order to properly docu- ment, at a minimum— ‘‘(1) flight crew assignments; ‘‘(2) flight crew prospective rest notifications; ‘‘(3) compliance with flight and duty times limita- tions and post-duty rest requirements; and ‘‘(4) duty period start and end times. ‘‘(c) SAFETY MANAGEMENT SYSTEM OVERSIGHT.—The Administrator, in performing oversight of the safety management system of an operator holding a certifi- cate under part 135 of title 14, Code of Federal Regula- tions, following the implementation of the final rule issued based on the final rule titled ‘Safety Manage- ment Systems’, and published on April 26, 2024 (89 Fed. Reg. 33068), shall ensure such operator is evaluating and appropriately mitigating aviation safety risks, in- cluding, at minimum, risks associated with— ‘‘(1) inadequate flight crewmember duty and rest periods; and ‘‘(2) incomplete records pertaining to flight crew rest, duty, and flight times. ‘‘(d) ORGAN TRANSPORTATION FLIGHTS.—In updating guidance and policy pursuant to subsection (b), the Ad- ministrator shall consider and allow for appropriate ac- commodations, including accommodations related to subsections (b)(2) and (b)(4) for operators— ‘‘(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) CALL TO ACTION RAMP WORKER SAFETY REVIEW.— Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Fed- eral Aviation Administration] shall initiate a Call to Action safety review of airport ramp worker safety and ways to minimize or eliminate ingestion zone and jet blast zone accidents. ‘‘(b) CONTENTS.—The Call to Action safety review re- quired pursuant to subsection (a) shall include— ‘‘(1) a description of Administration regulations, guidance, and directives related to airport ramp worker safety procedures and oversight of such proc- esses; ‘‘(2) a description of reportable accidents and inci- dents involving airport ramp workers in 5-year period preceding the date of enactment of this Act, includ- ing any identified contributing factors to the report- able accident or incident; ‘‘(3) training and related educational materials for airport ramp workers, including supervisory and con- tract employees; ‘‘(4) any recommended devices and methods for communication on the airport ramp, including con- siderations 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) REPORT AND ACTIONS.—Not later than 180 days after the conclusion of the Call to Action safety review pursuant to subsection (a), the Administrator shall— ‘‘(1) submit to the appropriate committees of Con- gress [Committee on Commerce, Science, and Trans- portation of the Senate and Committee on Transpor- tation and Infrastructure of the House of Representa- tives] a report on the results of the review and any recommendations for actions or best practices to im- prove airport ramp worker safety, including the iden- tification of risks and possible ways to mitigate such risks to be considered in any applicable safety man- agement system of air carriers and airports; and ‘‘(2) initiate such actions as are necessary to act upon the findings of the review. ‘‘(d) TRAINING MATERIALS.—Not later than 6 months after the completion of the safety review required under subsection (a), the Administrator shall develop and publish training and related educational materials about aircraft engine ingestion and jet blast hazards for ground crews, including supervisory and contract employees, that includes information on— ‘‘(1) the specific dangers and consequences of enter- ing engine ingestion or jet blast zones; ‘‘(2) proper protocols to avoid entering an engine in- gestion or jet blast zone; and ‘‘(3) on-the-job, instructor-led training to phys- ically demonstrate the engine ingestion zone bound- aries and jet blast zones for each kind of aircraft the ground crew may encounter. ‘‘(e) CONSULTATION.—In carrying out this section, the Administrator shall consult with aviation safety ex- Page 1282 TITLE 49—TRANSPORTATION § 44701 perts, air carriers, aircraft manufacturers, relevant labor organizations, and airport operators. ‘‘(f) TRAINING REQUIREMENTS.—Not later than 6 months after the publication of the training and re- lated educational materials required under subsection (d), the Administrator may require any ramp worker, as appropriate, to receive the relevant engine ingestion and jet blast zone hazard training before such ramp worker may perform work on any airport ramp.’’ MODERNIZATION AND IMPROVEMENTS TO AIRCRAFT EVACUATION Pub. L. 118–63, title III, § 365, May 16, 2024, 138 Stat. 1132, provided that: ‘‘(a) STUDY.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall conduct a study on improvements to the safety and efficiency of evacuation standards for manufac- turers and carriers of transport category airplanes, as described in parts 25 and 121 of title 14, Code of Fed- eral Regulations. ‘‘(2) CONTENTS.— ‘‘(A) REQUIREMENTS.—The study required under paragraph (1) shall include— ‘‘(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 air- craft; ‘‘(iii) an assessment of the evacuation dem- onstration 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 man- ner, the ability of passengers with disabilities, in- cluding passengers who use wheelchairs or other mobility assistive devices, to safely and effi- ciently evacuate an aircraft; ‘‘(iv) the research proposed in National Trans- portation Safety Board Safety Recommendation A–18–009; and ‘‘(v) any other analysis determined appropriate by the Administrator. ‘‘(B) CONSIDERATIONS.—In conducting the study under paragraph (1), the Administrator shall assess the following: ‘‘(i) The ability of passengers of different ages (including infants, children, and senior citizens) to safely and efficiently evacuate a transport cat- egory airplane. ‘‘(ii) The ability of passengers of different heights and weights to safely and efficiently evac- uate a transport category airplane. ‘‘(iii) The ability of passengers with disabilities to safely and efficiently evacuate a transport cat- egory 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 air- plane. ‘‘(v) The ability of passengers who do not speak English to safely and efficiently evacuate a trans- port 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 pas- sengers to safely and efficiently evacuate a trans- port category airplane. ‘‘(viii) The impact of seats and other obstacles in the pathway to the exit opening from the near- est aisle on the ability of passengers to safely and efficiently evacuate a transport category air- plane. ‘‘(ix) With respect to aircraft with parallel lon- gitudinal aisles, the impact of seat pods or other seating configurations that block access between such aisles within a cabin on the ability of pas- sengers to safely and efficiently evacuate a trans- port 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 accom- pany 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 certifi- cate (as defined in section 44704(e)(7) of title 49, United States Code) should be required to dem- onstrate compliance with FAA [Federal Aviation Administration] emergency evacuation regula- tions (as described in section 25.803 and Appendix J of part 25 of title 14, Code of Federal Regula- tions) through live testing in any case in which the Administrator determines that the new air- craft design is significant. ‘‘(xiii) Any other factor determined appropriate by the Administrator. ‘‘(C) DEFINITIONS.—In this paragraph: ‘‘(i) PASSENGER LOAD.—The term ‘passenger load’ means the number of passengers relative to the number of seats onboard the aircraft. ‘‘(ii) PASSENGERS WITH DISABILITIES.—The term ‘passengers with disabilities’ means any qualified individual with a disability, as defined in section 382.3 of title 14, Code of Federal Regulations. ‘‘(b) AVIATION RULEMAKING COMMITTEE FOR EVACU- ATION STANDARDS.— ‘‘(1) IN GENERAL.—Not later than 180 days after the completion of the study conducted under subsection (a), the Administrator shall establish an aviation rulemaking committee (in this section referred to as the ‘Committee’) to— ‘‘(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) COMPOSITION.—The Committee shall consist of members appointed by the Administrator, including the following: ‘‘(A) Representatives of industry. ‘‘(B) Representatives of aviation labor organiza- tions. ‘‘(C) Aviation safety experts with specific knowl- edge of the evacuation standards and requirements under such parts 25 and 121. ‘‘(D) Representatives of individuals with disabil- ities with specific knowledge of accessibility stand- ards regarding evacuations in emergency cir- cumstances. ‘‘(E) Representatives of the senior citizen commu- nity. ‘‘(F) Representatives of pediatricians. ‘‘(3) CONSIDERATIONS.—In reviewing the findings of the study conducted under subsection (a) and devel- oping recommendations regarding the improvement of the evacuation standards under subsection (b)(1)(B), the Committee shall consider the following: ‘‘(A) The recommendations made by any prior aviation rulemaking committee regarding the evac- uation standards described in such parts 25 and 121. ‘‘(B) Scientific data derived from the study con- ducted under subsection (a). ‘‘(C) Any data gathered from aviation safety re- porting programs. Page 1283 TITLE 49—TRANSPORTATION § 44701 ‘‘(D) The cost-benefit analysis and risk analysis of any recommended standards. ‘‘(E) Any other item determined appropriate by the Committee. ‘‘(c) REPORT TO CONGRESS.—Not later than 180 days after the date on which the Committee submits to the Administrator the recommendations under subsection (b)(1)(B), the Administrator shall submit to the appro- priate committees of Congress [Committee on Com- merce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on— ‘‘(1) the findings of the study conducted under sub- section (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) RULEMAKING.—Not later than 90 days after sub- mitting to Congress the report under subsection (c), the Administrator shall issue a notice of proposed rule- making to implement the recommendations of the Committee that the Administrator considers appro- priate.’’ 25-HOUR COCKPIT VOICE RECORDER Pub. L. 118–63, title III, § 366, May 16, 2024, 138 Stat. 1135, provided that: ‘‘(a) IN GENERAL.— ‘‘(1) COCKPIT VOICE RECORDER FOR NEWLY MANUFAC- TURED AIRCRAFT.—A covered operator may not oper- ate a covered aircraft manufactured later than the date that is 1 year after the date of enactment of this Act [May 16, 2024] unless such aircraft has a cockpit voice recorder installed that retains the last 25 hours of recorded information using a recorder that meets the standards of Technical Standard Order TSO–C123c, or any later revision. ‘‘(2) COCKPIT VOICE RECORDER FOR COVERED AIR- CRAFT.—Not later than 6 years after the date of en- actment of this Act, a covered operator may not op- erate a covered aircraft unless such aircraft has a cockpit voice recorder installed that retains the last 25 hours of recorded information using a recorder that meets the standards of Technical Standard Order TSO–C123c, or any later revision. ‘‘(b) PROHIBITED USE.—The Administrator [of the Fed- eral Aviation Administration] or any covered operator may not use a cockpit voice recorder recording for a certificate action, civil penalty, or disciplinary pro- ceedings against a flight crewmember. ‘‘(c) RULEMAKING.—Not later than 3 years after the date of enactment of this Act, the Administrator shall— ‘‘(1) issue a final rule to update applicable regula- tions, 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 prac- ticable, 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 sec- tion 1155 of title 49, United States Code, and section 32 of title 18, United States Code. ‘‘(d) SAVINGS CLAUSE.—Nothing in this section shall be construed as rescoping, constraining, or otherwise mandating delays to FAA [Federal Aviation Adminis- tration] actions in the notice of proposed rulemaking titled ‘25–Hour Cockpit Voice Recorder (CVR) Require- ments, New Aircraft Production’, issued on December 4, 2023 (88 Fed. Reg. 84090). ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to affect— ‘‘(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 certifi- cate under section 121.359(h) of title 14, Code of Fed- eral Regulations; or ‘‘(3) the prohibition against use of data from flight operational quality assurance programs for enforce- ment purposes under section 13.401 of title 14, Code of Federal Regulations. ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) COVERED AIRCRAFT.—The term ‘covered air- craft’ means— ‘‘(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 op- erations 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) COVERED OPERATOR.—The term ‘covered oper- ator’ means the operator of a covered aircraft.’’ 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 SAFE- TY INSPECTORS. ‘‘(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall review and, as necessary, revise the staffing model for aviation safety inspectors. ‘‘(b) REQUIREMENTS.— ‘‘(1) CONSIDERATION OF PRIOR STUDIES AND RE- PORTS.—In reviewing and revising the model, the Ad- ministrator shall take into consideration the con- tents and recommendations contained in the fol- lowing: ‘‘(A) The 2006 report released by the National Re- search Council titled ‘Staffing Standards for Avia- tion 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: Com- parison 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 In- crease Its Inspector Staffing Model’s Effectiveness by Implementing System Improvements and Maxi- mizing Its Capabilities’’. ‘‘(E) The FAA Fiscal Year 2023 Aviation Safety Workforce Plan conducted to satisfy the require- ments 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) ASSESSMENTS.—In carrying out this section, the Administrator shall assess the following: ‘‘(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 in- spectors, including responsibilities associated with overseeing aviation manufacturers and new air- space entrants. ‘‘(D) Means by which field managers use the model to assess aviation safety inspector staffing and provide feedback on resources needed at the of- fice level. ‘‘(E) Work performed by aviation safety inspec- tors in comparison to designees acting on behalf of the Administrator. Page 1284 TITLE 49—TRANSPORTATION § 44701 ‘‘(F) Any associated performance metrics to in- form periodic comparisons to actual aviation safety inspector staffing level results. ‘‘(3) CONSULTATION.—In carrying out this section, the Administrator shall consult with interested per- sons, including the exclusive collective bargaining representative for aviation safety inspectors certified under section 7111 of title 5, United States Code. ‘‘SEC. 431. SAFETY-CRITICAL STAFFING. ‘‘(a) IMPLEMENTATION OF STAFFING STANDARDS FOR SAFETY INSPECTORS.—Upon completion of the revised staffing model for aviation safety inspectors under sec- tion 430, and validation of the model by the Adminis- trator, the Administrator shall take all appropriate ac- tions in response to the number of aviation safety in- spectors, aviation safety technicians, and operation support positions that are identified in such model to meet the responsibilities of the Flight Standards Serv- ice and Aircraft Certification Service, including poten- tially increasing the number of safety critical positions in the Flight Standards Service and Aircraft Certifi- cation Service each fiscal year, as appropriate, so long as such staffing increases are measured relative to the number of individuals serving in safety-critical posi- tions as of September 30, 2023. ‘‘(b) AVAILABILITY OF APPROPRIATIONS.—Any increase in safety critical staffing pursuant to this subsection shall be subject to the availability of appropriations. ‘‘(c) SAFETY-CRITICAL POSITIONS DEFINED.—In this section, the term ‘safety-critical positions’ means— ‘‘(1) aviation safety inspectors, aviation safety spe- cialists (1801 job series), aviation safety technicians, and operations support positions in the Flight Stand- ards Service; and ‘‘(2) manufacturing safety inspectors, pilots, engi- neers, 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) TASK FORCE.— ‘‘(1) IN GENERAL.—Not later than 120 days after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall convene a task force to develop voluntary standards and best practices relating to suspected violations of sections 46318, 46503, and 46504 of title 49, United States Code, including— ‘‘(A) proper and consistent incident documenta- tion and reporting techniques; ‘‘(B) best practices for flight crew and cabin crew response, including de-escalation; ‘‘(C) improved coordination between stake- holders, including flight crew and cabin crew, air- port staff, other Federal agencies as appropriate, and law enforcement; and ‘‘(D) appropriate enforcement actions. ‘‘(2) MEMBERSHIP.—The task force convened under paragraph (1) shall be comprised of representatives of— ‘‘(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 at- tendants; and ‘‘(F) labor organizations representing ticketing, check-in, or other customer service representatives employed by air carriers. ‘‘(b) ANNOUNCEMENTS.—Not later than 90 days after the date of enactment of this Act, the Administrator shall initiate such actions as may be necessary to in- clude in the briefing of passengers before takeoff re- quired under section 121.571 of title 14, Code of Federal Regulations, a statement informing passengers that it is against Federal law to assault or threaten to assault any individual on an aircraft or interfere with the du- ties of a crewmember. ‘‘(c) DEFINITIONS.—For purposes of this section, the definitions in section 40102(a) of title 49, United States Code, shall apply to terms in this section.’’ UPDATING PASSENGER INFORMATION REQUIREMENT REGULATIONS Pub. L. 118–63, title V, § 518, May 16, 2024, 138 Stat. 1199, provided that: ‘‘(a) ARAC TASKING.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall task the Aviation Rulemaking Advisory Com- mittee with— ‘‘(1) reviewing passenger information requirement regulations under section 121.317 of title 14, Code of Federal Regulation[s], and such other related regula- tions as the Administrator determines appropriate; and ‘‘(2) making recommendations to update and im- prove such regulations. ‘‘(b) FINAL REGULATION.—Not later than 6 years after the date of enactment of this Act, the Administrator shall issue a final regulation revising section 121.317 of title 14, Code of Federal Regulations, and such other re- lated regulations as the Administrator determines ap- propriate, to— ‘‘(1) update such section and regulations to incor- porate exemptions commonly issued by the Adminis- trator; ‘‘(2) reflect civil penalty inflation adjustments; and ‘‘(3) incorporate such updates and improvements recommended by the Aviation Rulemaking Advisory Committee that the Administrator determines appro- priate.’’ SURFACE SURVEILLANCE Pub. L. 118–63, title VI, § 617, May 16, 2024, 138 Stat. 1229, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall conduct a review of surface surveillance systems that are operational as of such date of enactment. ‘‘(b) CONTENTS.—In carrying out the review under subsection (a), the Administrator shall— ‘‘(1) demonstrate that any change to the configura- tion of surface surveillance systems or decommis- sioning 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 mainte- nance costs of surface surveillance systems compared to current costs and extend the useful life and afford- ability 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) CONSULTATION.—In carrying out the review under subsection (a), the Administrator shall consult with— ‘‘(1) aviation safety experts with specific knowledge of surface surveillance technology, including multilateration and automatic dependent surveil- lance-broadcast; ‘‘(2) representatives of the exclusive bargaining rep- resentative 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 rep- resentative of airway transportation systems special- ists of the FAA [Federal Aviation Administration] certified under section 7111 of title 5, United States Code. ‘‘(d) BRIEFING.—Upon completion of the review under subsection (a), the Administrator shall brief the appro- Page 1285 TITLE 49—TRANSPORTATION § 44701 priate committees of Congress [Committee on Com- merce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the findings of such re- view. ‘‘(e) IMPLEMENTATION.—The Administrator may im- plement changes to surface surveillance systems con- sistent with the findings of the review described in sub- section (d).’’ 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 un- safe.’’ LETTER OF DEVIATION AUTHORITY Pub. L. 118–63, title VIII, § 814, May 16, 2024, 138 Stat. 1327, provided that: ‘‘(a) IN GENERAL.—A flight instructor, registered owner, lessor, or lessee of a covered aircraft shall not be required to obtain a letter of deviation authority from the Administrator [of the Federal Aviation Ad- ministration] to allow, conduct, or receive flight train- ing, checking, and testing in such aircraft if— ‘‘(1) the flight instructor is not providing both the training and the aircraft; ‘‘(2) no person advertises or broadly offers the air- craft 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 train- ing, checking, or testing was received, other than ex- penses for owning, operating, and maintaining the aircraft. ‘‘(b) COVERED AIRCRAFT DEFINED.—In this section, the term ‘covered aircraft’ means— ‘‘(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) IN GENERAL.—The inspector general of the De- partment of Transportation shall initiate audits, as de- scribed in subsection (d), of the Flight Standards and Aircraft Certification Services of the FAA [Federal Aviation Administration], and the personnel of such of- fices, on the consistency of— ‘‘(1) the interpretation of policies, orders, guidance, and regulations; and ‘‘(2) the application of policies, orders, guidance, and regulations. ‘‘(b) COMPONENTS.—In completing the audits required under this section, the inspector general shall inter- view stakeholders, including at a minimum, individuals or entities that— ‘‘(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 of- fices or before different FAA Flight Standards Serv- ice and Aircraft Certification Service offices; ‘‘(3) work with multiple flight standards district of- fices or aircraft certification offices of the Adminis- tration; or ‘‘(4) hold a single or multiple relevant certificates or authorizations. ‘‘(c) REPORTS.—The inspector general of the Depart- ment of Transportation shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Com- mittee on Transportation and Infrastructure of the House of Representatives], the Secretary [of Transpor- tation], and the Administrator [of the Federal Aviation Administration] a report for each audit required in this section, containing the results of the audit, including findings and necessary recommendations to the Admin- istrator to improve the consistency of decision-making by Flight Standards and Aircraft Certification Services offices of the Administration. ‘‘(d) AUDITS.—The inspector general shall complete an audit and issue the associated report required under subsection (c) not later than— ‘‘(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) IMPLEMENTATION.—In addressing any rec- ommendations from the inspector general contained in the reports required under subsection (c), the Adminis- trator may— ‘‘(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) BRIEFING.—Not later than 6 months after receiv- ing a report required under subsection (c), the Adminis- trator shall brief the appropriate committees of Con- gress on the implementation plan required under sub- section (d), the status of any recommendation received pursuant to this section, and any best practices that are being implemented more broadly.’’ PART 135 PILOT SUPPLEMENTAL OXYGEN REQUIREMENT Pub. L. 118–63, title VIII, § 834, May 16, 2024, 138 Stat. 1340, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall issue a notice of proposed rulemaking concerning whether to revise the requirements under paragraphs (3) and (4) of section 135.89(b) of title 14, Code of Federal Regulations, to apply only to aircraft operating at alti- tudes above flight level 410. ‘‘(b) CONSIDERATIONS.—In issuing the notice of pro- posed rulemaking, the Administrator shall consider ap- plicable safety data and risks, including in relation to applicable incidents and accidents, as well as the inves- tigations and recommendations of the National Trans- portation Safety Board.’’ HIGH-SPEED FLIGHT TESTING Pub. L. 118–63, title X, § 1009, May 16, 2024, 138 Stat. 1389, provided that: ‘‘(a) IN GENERAL.—The Administrator [of the Federal Aviation Administration], in consultation with the Ad- ministrator of NASA [National Aeronautics and Space Administration], shall establish procedures for the ex- clusive purposes of developmental and airworthiness testing and demonstration flights, which may include the establishment of high-speed testing corridors in the national airspace system— ‘‘(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) AREAS OF TESTING AND DEMONSTRATION.—The Ad- ministrator shall take action, as appropriate, to ensure flight testing and demonstration flights occur in areas where such flights will not interfere with the safety of other aircraft or the efficient use of airspace in the na- tional airspace system. Page 1286 TITLE 49—TRANSPORTATION § 44701 ‘‘(c) CONSIDERATIONS.—In carrying out subsection (a), the Administrator shall consider— ‘‘(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 air- ports 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 engage- ment. ‘‘(d) CONSULTATION.—Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Environmental Protection Agen- cy and other stakeholders, shall assess and report to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Rep- resentatives and Committee on Commerce, Science, and Transportation of the Senate] on a means for sup- porting continued compliance with the National Envi- ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Administrator shall seek to enter into an agree- ment with an appropriate federally funded research and development center, or other independent nonprofit or- ganization that recommends long term solutions for maintaining compliance with such Act for 1 or more over-land or near-land hypersonic and supersonic test areas as established by the Administrator. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) HIGH-SPEED AIRCRAFT.—The term ‘high-speed aircraft’ means an aircraft operating at speeds in ex- cess of Mach 1, including supersonic and hypersonic aircraft. ‘‘(2) HYPERSONIC.—The term ‘hypersonic’ means flights operating at speeds that exceed Mach 5. ‘‘(3) SUPERSONIC.—The term ‘supersonic’ means flights operating at speeds in excess of Mach 1 but less than Mach 5.’’ LETTER OF DEVIATION AUTHORITY Pub. L. 117–263, div. E, title LVI, § 5604, Dec. 23, 2022, 136 Stat. 3406, provided that: ‘‘A flight instructor, reg- istered 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 Admin- istration 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 air- craft 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 train- ing, checking, or testing was received, other than ex- penses 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) IN GENERAL.—Not later than 60 days after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall review the final rule of the FAA [Federal Aviation Administration] titled ‘Safety Management Systems’ and issued on April 26, 2024 (89 Fed. Reg. 33068). ‘‘(b) APPLICABILITY.—In reviewing the final rule under subsection (a), the Administrator shall ensure that the safety management system requirement under such final rule described in subsection (a) is applied to all certificate holders operating under the rules for com- muter and on-demand operations under part 135 of title 14, Code of Federal Regulations, commercial air tour operators operating under section 91.147 of such title, production certificate holders that are holders or li- censees of a type certificate for the same product, and holders of a type certificate who license out such cer- tificate for production under part 21 of such title. ‘‘(c) DETERMINATION.—If the Administrator deter- mines the final rule does not apply the safety manage- ment system requirement in the manner described in subsection (b), the Administrator shall issue such regu- lation, guidance, or policy as may be necessary to en- sure such safety management system requirement is applied in such manner.’’ Pub. L. 116–260, div. V, title I, § 102(a)–(f), Dec. 27, 2020, 134 Stat. 2309, 2310, provided that: ‘‘(a) RULEMAKING PROCEEDING.— ‘‘(1) IN GENERAL.—Not later than 30 days after the date of enactment of this title [Dec. 27, 2020], the Ad- ministrator shall initiate a rulemaking proceeding to require that manufacturers that hold both a type cer- tificate and a production certificate issued pursuant to section 44704 of title 49, United States Code, where the United States is the State of Design and State of Manufacture, have in place a safety management sys- tem that is consistent with the standards and rec- ommended practices established by ICAO and con- tained in annex 19 to the Convention on International Civil Aviation (61 Stat. 1180), for such systems. ‘‘(2) CONTENTS OF REGULATIONS.—The regulations issued under paragraph (1) shall, at a minimum— ‘‘(A) ensure safety management systems are con- sistent with, and complementary to, existing safety management systems; ‘‘(B) include provisions that would permit oper- ational 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) FINAL RULE DEADLINE.—Not later than 24 months after initiating the rulemaking under subsection (a), the Administrator shall issue a final rule. ‘‘(c) SURVEILLANCE AND AUDIT REQUIREMENT.—The final rule issued pursuant to subsection (b) shall in- clude a requirement for the Administrator to imple- ment a systems approach to risk-based surveillance by defining and planning inspections, audits, and moni- toring activities on a continuous basis, to ensure that design and production approval holders of aviation products meet and continue to meet safety manage- ment system requirements under the rule. ‘‘(d) ENGAGEMENT WITH ICAO.—The Administrator shall engage with ICAO and foreign civil aviation au- thorities to help encourage the adoption of safety man- agement systems for manufacturers on a global basis, consistent with ICAO standards. ‘‘(e) SAFETY REPORTING PROGRAM.—The regulations issued under subsection (a) shall require a safety man- agement system to include a confidential employee re- porting system through which employees can report hazards, issues, concerns, occurrences, and incidents. A reporting system under this subsection shall include provisions for reporting, without concern for reprisal for reporting, of such items by employees in a manner consistent with confidential employee reporting sys- tems administered by the Administrator. Such regula- tions shall also require a certificate holder described in subsection (a) to submit a summary of reports received Page 1287 TITLE 49—TRANSPORTATION § 44701 under this subsection to the Administrator at least twice per year. ‘‘(f) CODE OF ETHICS.—The regulations issued under subsection (a) shall require a safety management sys- tem to include establishment of a code of ethics appli- cable to all appropriate employees of a certificate hold- er, including officers (as determined by the FAA), which clarifies that safety is the organization’s highest priority. [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 sec- tion 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) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to the Administrator $27,000,000 for each of fiscal years 2021 through 2023 to recruit and retain engineers, safety inspectors, human factors specialists, chief scientific and technical advi- sors, software and cybersecurity experts, and other qualified technical experts who perform duties related to the certification of aircraft, aircraft engines, propel- lers, appliances, and new and emerging technologies, and perform other regulatory activities. ‘‘(b) IN GENERAL.—Not later than 60 days after the date of enactment of this title [Dec. 27, 2020], and with- out duplicating any recently completed or ongoing re- views, the Administrator shall initiate a review of— ‘‘(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 in- tended for air transportation for purposes of deter- mining whether the FAA has the expertise and capa- bility to adequately understand the safety implica- tions of, and oversee the adoption of, new or innova- tive technologies, materials, and procedures used by designers and manufacturers of such aircraft; and ‘‘(2) the Senior Technical Experts Program to de- termine 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 orga- nizations), particularly with respect to understanding the safety implications of new or innovative tech- nologies, materials, aircraft operations, and proce- dures used by designers and manufacturers of such aircraft. ‘‘(c) DEADLINE FOR COMPLETION.—Not later than 270 days after the date of enactment of this title, the Ad- ministrator shall complete the review required by sub- section (b). ‘‘(d) BRIEFING.—Not later than 30 days after the com- pletion of the review required by subsection (b), the Ad- ministrator shall brief the congressional committees of jurisdiction on the results of the review. The briefing shall include the following: ‘‘(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 req- uisite expertise to oversee new developments in aero- space design and manufacturing. ‘‘(2) A plan for the Administration to improve the overall expertise of the FAA’s personnel who are re- sponsible for the oversight of the design and manu- facture of aircraft. ‘‘(e) CONSULTATION REQUIREMENT.—In completing the review under subsection (b), the Administrator shall consult and collaborate with appropriate stakeholders, including labor organizations (including those rep- resenting aviation workers, FAA aviation safety engi- neers, human factors specialists, flight test pilots, and FAA aviation safety inspectors), and aerospace manu- facturers. ‘‘(f) RECRUITMENT AND RETENTION.— ‘‘(1) BARGAINING UNITS.—Not later than 30 days after the date of enactment of this title, the Adminis- trator shall begin collaboration with the exclusive bargaining representatives of engineers, safety in- spectors, systems safety specialists, and other quali- fied technical experts certified under section 7111 of title 5, United States Code, to improve recruitment of employees for, and to implement retention incentives for employees holding, positions with respect to the certification of aircraft, aircraft engines, propellers, and appliances. If the Administrator and such rep- resentatives are unable to reach an agreement col- laboratively, the Administrator and such representa- tives shall negotiate in accordance with section 40122(a) of title 49, United States Code, to improve re- cruitment and implement retention incentives for employees described in subsection (a) who are cov- ered under a collective bargaining agreement. ‘‘(2) OTHER EMPLOYEES.—Notwithstanding any other provision of law, not later than 30 days after the date of enactment of this title, the Administrator shall initiate actions to improve recruitment of, and im- plement retention incentives for, any individual de- scribed in subsection (a) who is not covered under a collective bargaining agreement. ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this sec- tion shall be construed to vest in any exclusive bar- gaining representative any management right of the Administrator, as such right existed on the day be- fore the date of enactment of this title. ‘‘(4) AVAILABILITY OF APPROPRIATIONS.—Any action taken by the Administrator under this section shall be subject to the availability of appropriations au- thorized under subsection (a).’’ [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) IN GENERAL.—Not later than 1 year after the date of enactment of this title [Dec. 27, 2020], the Ad- ministrator shall establish a voluntary safety reporting program for engineers, safety inspectors, systems safe- ty specialists, and other subject matter experts cer- tified under section 7111 of title 5, United States Code, to confidentially report instances where they have identified safety concerns during certification or over- sight processes. ‘‘(b) SAFETY REPORTING PROGRAM REQUIREMENTS.—In establishing the safety reporting program under sub- section (a), the Administrator shall ensure the fol- lowing: ‘‘(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 exclu- sionary criteria for the program. ‘‘(4) Collaborative development of the program with bargaining representatives of employees under sec- tion 7111 of title 5, United States Code, who are em- ployed in the Aircraft Certification Service or Flight Standards Service of the Administration (or, if un- able to reach an agreement collaboratively, the Ad- ministrator shall negotiate with the representatives in accordance with section 40122(a) of title 49, United States Code, regarding the development of the pro- gram). ‘‘(5) Full and collaborative participation in the pro- gram 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, Page 1288 TITLE 49—TRANSPORTATION § 44701 including a hazard, defect, noncompliance, non- conformance, or process error. ‘‘(7) The Administrator thoroughly reviews safety reports to determine whether any aircraft certifi- cation 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) OUTCOMES.—Results of safety report reviews under this section may be used to— ‘‘(1) improve— ‘‘(A) safety systems, hazard control, and risk re- duction; ‘‘(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) REPORT FILING.—The Administrator shall estab- lish requirements for when in the certification process reports may be filed to— ‘‘(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) INTEGRATION WITH OTHER SAFETY REPORTING PROGRAMS.—The Administrator shall implement the safety reporting program established under subsection (a) and the reporting requirements established pursu- ant to subsection (d) in a manner that is consistent with other voluntary safety reporting programs admin- istered by the Administrator. ‘‘(f) REPORT TO CONGRESS.—Not later than 2 years after the date of enactment of this title, and annually thereafter through fiscal year 2028, the Administrator shall submit to the congressional committees of juris- diction a report on the effectiveness of the safety re- porting program established under subsection (a).’’ [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) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the FAA. ‘‘(2) ADVISORY COMMITTEE.—The term ‘Advisory Committee’ means the Safety Oversight and Certifi- cation Advisory Committee established under section 202. ‘‘(3) FAA.—The term ‘FAA’ means the Federal Aviation Administration. ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation. ‘‘(5) SYSTEMS SAFETY APPROACH.—The term ‘sys- tems safety approach’ means the application of spe- cialized technical and managerial skills to the sys- tematic, forward-looking identification and control of hazards throughout the lifecycle of a project, pro- gram, or activity. ‘‘SEC. 202. SAFETY OVERSIGHT AND CERTIFI- CATION ADVISORY COMMITTEE. ‘‘(a) ESTABLISHMENT.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Sec- retary shall establish a Safety Oversight and Certifi- cation Advisory Committee. ‘‘(b) DUTIES.—The Advisory Committee shall provide advice to the Secretary on policy-level issues facing the aviation community that are related to FAA safety oversight and certification programs and activities, in- cluding, at a minimum, the following: ‘‘(1) Aircraft and flight standards certification processes, including efforts to streamline those proc- esses. ‘‘(2) Implementation and oversight of safety man- agement systems. ‘‘(3) Risk-based oversight efforts. ‘‘(4) Utilization of delegation and designation au- thorities, including organization designation author- ization. ‘‘(5) Regulatory interpretation standardization ef- forts. ‘‘(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) FUNCTIONS.—In carrying out its duties under sub- section (b), the Advisory Committee shall: ‘‘(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 over- haul; ‘‘(v) aviation, aerospace, and avionics manufac- turing; ‘‘(vi) unmanned aircraft systems operators and manufacturers; and ‘‘(vii) the commercial space transportation in- dustry; ‘‘(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 safe- ty 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 avia- tion 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 rec- ommendations 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 transpor- tation system and the aviation safety regulatory en- vironment. ‘‘[(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 recommenda- tions related to aviation issues. ‘‘(14) Facilitate the validation and acceptance of United States manufactured and United States cer- tificated products and services throughout the world. ‘‘(d) MEMBERSHIP.— Page 1289 TITLE 49—TRANSPORTATION § 44701 ‘‘(1) IN GENERAL.—The Advisory Committee shall be composed of the following members: ‘‘(A) The Administrator (or the Administrator’s designee). ‘‘(B) At least 11 individuals, appointed by the Sec- retary, each of whom represents at least 1 of the following interests: ‘‘(i) Transport aircraft and engine manufactur- ers. ‘‘(ii) General aviation aircraft and engine manu- facturers. ‘‘(iii) Avionics and equipment manufacturers. ‘‘(iv) Aviation labor organizations, including collective bargaining representatives of FAA aviation safety inspectors and aviation safety en- gineers. ‘‘(v) General aviation operators. ‘‘(vi) Air carriers. ‘‘(vii) Business aviation operators. ‘‘(viii) Unmanned aircraft systems manufactur- ers and operators. ‘‘(ix) Aviation safety management experts. ‘‘(x) Aviation maintenance, repair, and over- haul. ‘‘(xi) Airport owners and operators. ‘‘(2) NONVOTING MEMBERS.— ‘‘(A) IN GENERAL.—In addition to the members ap- pointed under paragraph (1), the Advisory Com- mittee shall be composed of nonvoting members ap- pointed by the Secretary from among individuals representing FAA safety oversight program offices. ‘‘(B) DUTIES.—The nonvoting members may— ‘‘(i) take part in deliberations of the Advisory Committee; and ‘‘(ii) provide input with respect to any final re- ports or recommendations of the Advisory Com- mittee. ‘‘(C) LIMITATION.—The nonvoting members may not represent any stakeholder interest other than that of an FAA safety oversight program office. ‘‘(3) TERMS.—Each voting member and nonvoting member of the Advisory Committee appointed by the Secretary shall be appointed for a term of 2 years. ‘‘(4) COMMITTEE CHARACTERISTICS.—The Advisory Committee shall have the following characteristics: ‘‘(A) Each voting member under paragraph (1)(B) shall be an executive officer of the organization who has decisionmaking authority within the mem- ber’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 commu- nities. ‘‘(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 re- lations, training, and finance. ‘‘(5) LIMITATION ON STATUTORY CONSTRUCTION.—Pub- lic Law 104–65 [the Lobbying Disclosure Act of 1995] (2 U.S.C. 1601 et seq.) may not be construed to prohibit or otherwise limit the appointment of any individual as a member of the Advisory Committee. ‘‘(e) CHAIRPERSON.— ‘‘(1) IN GENERAL.—The Chairperson of the Advisory Committee shall be appointed by the Secretary from among those members of the Advisory Committee that are voting members under subsection (d)(1)(B). ‘‘(2) TERM.—Each member appointed under para- graph (1) shall serve a term of 2 years as Chairperson. ‘‘(f) MEETINGS.— ‘‘(1) FREQUENCY.—The Advisory Committee shall meet at least twice each year at the call of the Chair- person. ‘‘(2) PUBLIC ATTENDANCE.—The meetings of the Ad- visory Committee shall be open and accessible to the public. ‘‘(g) SPECIAL COMMITTEES.— ‘‘(1) ESTABLISHMENT.—The Advisory Committee may establish special committees composed of pri- vate sector representatives, members of the public, labor representatives, and other relevant parties in complying with consultation and participation re- quirements under this section. ‘‘(2) RULEMAKING ADVICE.—A special committee es- tablished by the Advisory Committee may— ‘‘(A) provide rulemaking advice and recommenda- tions 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, revi- sion, or elimination of rules without circumventing public rulemaking processes and procedures. ‘‘(3) APPLICABLE LAW.—Public Law 92–463 [the Fed- eral Advisory Committee Act, see 5 U.S.C. 1001 et seq.] shall not apply to a special committee estab- lished by the Advisory Committee. ‘‘(h) SUNSET.—The Advisory Committee shall termi- nate on October 1, 2028. ‘‘(i) TERMINATION OF AIR TRAFFIC PROCEDURES ADVI- SORY COMMITTEE.—The Air Traffic Procedures Advisory Committee established by the FAA shall terminate on the date of the initial appointment of the members of the Advisory Committee. ‘‘[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) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator shall establish a centralized safety guidance database that will— ‘‘(1) encompass all of the regulatory guidance docu- ments 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 infor- mation regarding an individual or entity; and ‘‘(B) prevents inappropriate disclosure propri- etary information. ‘‘(b) DATA ENTRY TIMING.— ‘‘(1) EXISTING DOCUMENTS.—Not later than 14 months after the date of enactment of this Act, the Administrator shall begin entering into the database established under subsection (a) all of the regulatory guidance documents of the Office of Aviation Safety that are in effect and were issued before the date on which the Administrator begins such entry process. ‘‘(2) NEW DOCUMENTS AND CHANGES.—On and after the date on which the Administrator begins the docu- ment entry process under paragraph (1), the Adminis- trator shall ensure that all new regulatory guidance documents of the Office of Aviation Safety and any changes to existing documents are included in the database established under subsection (a) as such doc- uments or changes to existing documents are issued. ‘‘(c) CONSULTATION REQUIREMENT.—In establishing the database under subsection (a), the Administrator shall consult and collaborate with appropriate stakeholders, including labor organizations (including those rep- resenting aviation workers, FAA aviation safety engi- neers and FAA aviation safety inspectors) and aviation industry stakeholders. ‘‘(d) REGULATORY GUIDANCE DOCUMENTS DEFINED.—In this section, the term ‘regulatory guidance documents’ means all forms of written information issued by the FAA that an individual or entity may use to interpret or apply FAA regulations and requirements, including information an individual or entity may use to deter- mine acceptable means of compliance with such regula- tions and requirements, such as an order, manual, cir- cular, policy statement, legal interpretation memo- randum, or rulemaking document. Page 1290 TITLE 49—TRANSPORTATION § 44701 ‘‘SEC. 224. REGULATORY CONSISTENCY COMMU- NICATIONS BOARD. ‘‘(a) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Ad- ministrator shall establish a Regulatory Consistency Communications Board (in this section referred to as the ‘Board’). ‘‘(b) CONSULTATION REQUIREMENT.—In establishing the Board, the Administrator shall consult and collaborate with appropriate stakeholders, including FAA labor or- ganizations (including labor organizations representing FAA aviation safety inspectors) and industry stake- holders. ‘‘(c) MEMBERSHIP.—The Board shall be composed of FAA representatives, appointed by the Administrator, from— ‘‘(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 Im- provement; and ‘‘(7) such other offices as the Administrator deter- mines appropriate. ‘‘(d) FUNCTIONS.—The Board shall carry out the fol- lowing functions: ‘‘(1) Establish, at a minimum, processes by which— ‘‘(A) FAA personnel and persons regulated by the FAA may submit regulatory interpretation ques- tions, including anonymously, without fear of re- taliation; ‘‘(B) FAA personnel may submit written ques- tions, 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 regu- latory interpretation questions, including anony- mously. ‘‘(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 com- mon regulatory interpretation questions publicly available to FAA personnel, persons regulated by the FAA, and the public without revealing any identi- fying data of the person that submitted the question and in a manner that protects any proprietary infor- mation. ‘‘(5) Ensure the incorporation of resolutions of questions submitted pursuant to paragraph (1) into regulatory guidance documents, as such term is de- fined in section 223(d). ‘‘(6) Submit recommendations, as needed, to the As- sistant Administrator for Rulemaking and Regu- latory Improvement for consideration. ‘‘(e) PERFORMANCE METRICS, TIMELINES, AND GOALS.— Not later than 180 days after the date on which the Ad- visory Committee recommends performance objectives and performance metrics for the FAA and the regulated aviation industry under section 202, the Administrator, in collaboration with the Advisory Committee, shall— ‘‘(1) establish performance metrics, timelines, and goals to measure the progress of the Board in resolv- ing 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) IN GENERAL.—To promote United States aero- space safety standards, reduce redundant regulatory activity, and facilitate acceptance of FAA design and production approvals abroad, the Administrator shall— ‘‘(1) attain greater expertise in issues related to dis- pute 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 ac- curately 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 vali- dation wait times; ‘‘(4) work with foreign authorities, including bilat- eral partners, to collect and analyze data to deter- mine the timeliness of the acceptance and validation of FAA design and production approvals by foreign authorities and the acceptance and validation of for- eign-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 bilat- eral partners, to improve the timeliness of the ac- ceptance and validation of FAA design and produc- tion approvals by foreign authorities and the accept- ance and validation of foreign-certified products by the FAA. ‘‘(b) REPORT.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress a report that— ‘‘(1) describes the FAA’s strategic plan for inter- national engagement; ‘‘(2) describes the structure and responsibilities of all FAA offices that have international responsibil- ities, 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 Certifi- cation 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, reg- ulatory initiatives, or legislative initiatives needed to improve and enhance the timely acceptance of United States aerospace products abroad. ‘‘(c) INTERNATIONAL TRAVEL.—The Administrator, or the Administrator’s designee, may authorize inter- national travel for any FAA employee, without the ap- proval of any other person or entity, if the Adminis- trator determines that the travel is necessary— ‘‘(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) E-LEARNING TRAINING PILOT PROGRAM.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Avia- tion Administration], in collaboration with the exclu- sive bargaining representatives of covered FAA per- sonnel, shall establish an e-learning training pilot pro- gram in accordance with the requirements of this sec- tion. ‘‘(b) CURRICULUM.—The pilot program shall— ‘‘(1) include a recurrent training curriculum for covered FAA personnel to ensure that the covered FAA personnel receive instruction on the latest avia- tion technologies, processes, and procedures; Page 1291 TITLE 49—TRANSPORTATION § 44701 ‘‘(2) focus on providing specialized technical train- ing for covered FAA personnel, as determined nec- essary by the Administrator; ‘‘(3) include training courses on applicable regula- tions of the Federal Aviation Administration; and ‘‘(4) consider the efficacy of instructor-led online training. ‘‘(c) PILOT PROGRAM TERMINATION.—The pilot pro- gram shall terminate 1 year after the date of establish- ment of the pilot program. ‘‘(d) E-LEARNING TRAINING PROGRAM.—Upon termi- nation of the pilot program, the Administrator shall assess and establish or update an e-learning training program that incorporates lessons learned for covered FAA personnel as a result of the pilot program. ‘‘(e) DEFINITIONS.—In this section, the following defi- nitions apply: ‘‘(1) COVERED FAA PERSONNEL.—The term ‘covered FAA personnel’ means airway transportation systems specialists and aviation safety inspectors of the Fed- eral Aviation Administration. ‘‘(2) E-LEARNING TRAINING.—The term ‘e-learning training’ means learning utilizing electronic tech- nologies to access educational curriculum outside of a traditional classroom.’’ SAFETY CRITICAL STAFFING Pub. L. 115–254, div. B, title III, § 303, Oct. 5, 2018, 132 Stat. 3261, provided that: ‘‘(a) UPDATE OF FAA’S SAFETY CRITICAL STAFFING MODEL.—Not later than 270 days after the date of en- actment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall update the safety critical staffing model of the Administration to determine the number of aviation safety inspectors that will be needed to fulfill the safety oversight mis- sion of the Administration. ‘‘(b) AUDIT BY DOT INSPECTOR GENERAL.— ‘‘(1) IN GENERAL.—Not later than 90 days after the date on which the Administrator has updated the safety critical staffing model under subsection (a), the Inspector General of the Department of Transpor- tation shall conduct an audit of the staffing model. ‘‘(2) CONTENTS.—The audit shall include, at a min- imum— ‘‘(A) a review of the assumptions and methodolo- gies used in devising and implementing the staffing model to assess the adequacy of the staffing model in predicting the number of aviation safety inspec- tors needed— ‘‘(i) to properly fulfill the mission of the Admin- istration; 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 au- thority to fully utilize designees. ‘‘(3) REPORT ON AUDIT.— ‘‘(A) REPORT TO SECRETARY.—Not later than 30 days after the date of completion of the audit, the Inspector General shall submit to the Secretary a report on the results of the audit. ‘‘(B) REPORT TO CONGRESS.—Not later than 60 days after the date of receipt of the report, the Secretary shall submit to the appropriate committees of Con- gress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a copy of the report, together with, if appropriate, a description of any actions taken or to be taken to address the results of the audit.’’ EMERGENCY MEDICAL EQUIPMENT ON PASSENGER AIRCRAFT Pub. L. 118–63, title III, § 368, May 16, 2024, 138 Stat. 1136, provided that: ‘‘(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall issue a notice of proposed rulemaking regarding first aid and emergency medical kit equipment and training required for flight crewmembers, as provided in part 121 of title 14, Code of Federal Regulations, ap- plicable to all certificate holders operating passenger aircraft under such part. ‘‘(b) CONSIDERATIONS.—In carrying out subsection (a), the Administrator shall consider— ‘‘(1) the benefits and costs (including the costs of flight diversions and emergency landings) of requir- ing 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) REGULAR REVIEW.—Not later than 5 years after the issuance of the final rule under subsection (a), and every 5 years thereafter, the Administrator shall evalu- ate and revise, if appropriate— ‘‘(1) the first aid and emergency medical kit equip- ment 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) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator [of the Federal Aviation Administration] shall evaluate and revise, as appropriate, regulations in part 121 of title 14, Code of Federal Regulations, regarding emergency medical equipment, including the contents of first-aid kits, applicable to all certificate holders op- erating passenger aircraft under that part. ‘‘(b) CONSIDERATION.—In carrying out subsection (a), the Administrator shall consider whether the minimum contents of approved emergency medical kits, includ- ing approved first-aid kits, include appropriate medica- tions and equipment to meet the emergency medical needs of children and pregnant women.’’ 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) STUDY REQUIRED.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Ad- ministrator [of the Federal Aviation Administration], in coordination with the Chairman of the National Transportation Safety Board, shall initiate a study of general aviation safety. ‘‘(b) STUDY CONTENTS.—The study required under sub- section (a) shall include— ‘‘(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, includ- ing with respect to both occupants of aircraft and individuals on the ground, as a result of such acci- dents; ‘‘(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 prob- able cause determinations with respect to such ac- cidents; ‘‘(2) an assessment of the most common probable cause determinations issued for general aviation ac- cidents since 2000; Page 1292 TITLE 49—TRANSPORTATION § 44701 ‘‘(3) an assessment of the most common facts ana- lyzed by the FAA and the National Transportation Safety Board in the course of investigations of gen- eral aviation accidents since 2000, including oper- ational details; ‘‘(4) a review of the safety recommendations of the National Transportation Safety Board related to gen- eral aviation accidents since 2000; ‘‘(5) an assessment of the responses of the FAA and the general aviation community to the safety rec- ommendations 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 Gov- ernment to conduct investigations of general avia- tion accidents over the last 10 years; and ‘‘(8) other matters the Administrator or the Chair- man considers appropriate. ‘‘(c) RECOMMENDATIONS AND ACTIONS TO ADDRESS GEN- ERAL AVIATION SAFETY.—Based on the results of the study required under subsection (a), the Administrator, in consultation with the Chairman, shall make such recommendations, including with respect to regula- tions and enforcement activities, as the Administrator considers necessary to— ‘‘(1) address general aviation safety issues identi- fied under the study; ‘‘(2) protect persons and property on the ground; and ‘‘(3) improve the safety of general aviation opera- tors in the United States. ‘‘(d) AUTHORITY.—Notwithstanding any other provi- sion of law, the Administrator shall have the authority to undertake actions to address the recommendations made under subsection (c). ‘‘(e) REPORT.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and In- frastructure of the House of Representatives] a report on the results of the study required under subsection (a), including the recommendations described in sub- section (c). ‘‘(f) GENERAL AVIATION DEFINED.—In this section, the term ‘general aviation’ means aircraft operation for personal, recreational, or other noncommercial pur- poses.’’ 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) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator [of the Federal Aviation Administration] shall convene an aviation rulemaking committee to review, and develop findings and recommendations regarding, pilot rest and duty rules under part 135 of title 14, Code of Federal Regulations. ‘‘(b) DUTIES.—The Administrator shall— ‘‘(1) not later than 2 years after the date of enact- ment of this Act, submit to the appropriate commit- tees 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 submis- sion of the report under paragraph (1), issue a notice of proposed rulemaking based on any consensus rec- ommendations reached by the aviation rulemaking committee. ‘‘(c) COMPOSITION.—The aviation rulemaking com- mittee shall consist of members appointed by the Ad- ministrator, including— ‘‘(1) representatives of industry; ‘‘(2) representatives of aviation labor organizations, including collective bargaining units representing pi- lots 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 require- ments under part 135 of such title. ‘‘(d) CONSIDERATIONS.—The Administrator shall direct the aviation rulemaking committee to consider— ‘‘(1) recommendations of prior part 135 rulemaking committees; ‘‘(2) accommodations necessary for small busi- nesses; ‘‘(3) scientific data derived from aviation-related fa- tigue and sleep research; ‘‘(4) data gathered from aviation safety reporting programs; ‘‘(5) the need to accommodate the diversity of oper- ations conducted under part 135, including the unique duty and rest time requirements of air ambulance pi- lots; 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) IN GENERAL.—There shall be a presumption that an individual’s voluntary report of an operational or maintenance issue related to aviation safety under an aviation safety action program meets the criteria for acceptance as a valid report under such program. ‘‘(b) DISCLAIMER REQUIRED.—Any dissemination, within the participating organization, of a report that was submitted and accepted under an aviation safety action program pursuant to the presumption under sub- section (a), but that has not undergone review by an event review committee, shall be accompanied by a dis- claimer stating that the report— ‘‘(1) has not been reviewed by an event review com- mittee tasked with reviewing such reports; and ‘‘(2) may subsequently be determined to be ineli- gible for inclusion in the aviation safety action pro- gram. ‘‘(c) REJECTION OF REPORT.— ‘‘(1) IN GENERAL.—A report described under sub- section (a) shall be rejected from an aviation safety action program if, after a review of the report, an event review committee tasked with reviewing such report, or the Federal Aviation Administration mem- ber of the event review committee in the case that the review committee does not reach consensus, de- termines that the report fails to meet the criteria for acceptance under such program. ‘‘(2) PROTECTIONS.—In any case in which a report of an individual described under subsection (a) is re- jected under paragraph (1)— ‘‘(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) AVIATION SAFETY ACTION PROGRAM DEFINED.—In this section, the term ‘aviation safety action pro- gram’ means a program established in accordance with Federal Aviation Administration Advisory Cir- cular 120–66B, issued November 15, 2002 (including any similar successor advisory circular), to allow an indi- vidual to voluntarily disclose operational or mainte- nance issues related to aviation safety.’’ 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) MODIFICATION OF FINAL RULE.— ‘‘(1) IN GENERAL.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Sec- retary of Transportation shall modify the final rule Page 1293 TITLE 49—TRANSPORTATION § 44701 of the Federal Aviation Administration published in the Federal Register on August 19, 1994 (59 Fed. Reg. 42974; relating to flight attendant duty period limita- tions and rest requirements) in accordance with the requirements of this subsection. ‘‘(2) CONTENTS.—The final rule, as modified under paragraph (1), shall ensure that— ‘‘(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 cir- cumstances. ‘‘(b) FATIGUE RISK MANAGEMENT PLAN.— ‘‘(1) SUBMISSION OF PLAN BY PART 121 AIR CARRIERS.— Not later than 90 days after the date of enactment of this Act, each air carrier operating under part 121 of title 14, Code of Federal Regulations (in this section referred to as a ‘part 121 air carrier’), shall submit to the Administrator of the Federal Aviation Adminis- tration for review and acceptance a fatigue risk man- agement plan for the carrier’s flight attendants. ‘‘(2) CONTENTS OF PLAN.—A fatigue risk manage- ment plan submitted by a part 121 air carrier under paragraph (1) shall include the following: ‘‘(A) Current flight time and duty period limita- tions. ‘‘(B) A rest scheme consistent with such limita- tions that enables the management of flight attend- ant 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 implemen- tation of the plan, including the ability of the plan— ‘‘(i) to improve alertness; and ‘‘(ii) to mitigate performance errors. ‘‘(3) REVIEW.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Adminis- trator shall review and accept or reject each fatigue risk management plan submitted under this sub- section. If the Administrator rejects a plan, the Ad- ministrator shall provide suggested modifications for resubmission of the plan. ‘‘(4) PLAN UPDATES.— ‘‘(A) IN GENERAL.—A part 121 air carrier shall up- date its fatigue risk management plan under para- graph (1) every 2 years and submit the update to the Administrator for review and acceptance. ‘‘(B) REVIEW.—Not later than 1 year after the date of submission of a plan update under subparagraph (A), the Administrator shall review and accept or reject the update. If the Administrator rejects an update, the Administrator shall provide suggested modifications for resubmission of the update. ‘‘(5) COMPLIANCE.—A part 121 air carrier shall com- ply with the fatigue risk management plan of the air carrier that is accepted by the Administrator under this subsection. ‘‘(6) CIVIL PENALTIES.—A violation of this sub- section by a part 121 air carrier shall be treated as a violation of chapter 447 of title 49, United States Code, for purposes of the application of civil penalties under chapter 463 of that title.’’ 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) IN GENERAL.—Notwithstanding any other law or regulation, in administering sections 61.113(c), 91.9, 91.315, 91.319(a)(1), 91.319(a)(2), 119.5(g), and 119.21(a) of title 14, Code of Federal Regulations (or any successor regulations), the Administrator [of the Federal Avia- tion Administration] shall allow an aircraft owner or operator to accept monetary or in-kind donations for a flight operated by a living history flight experience provider, if the aircraft owner or operator has— ‘‘(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 commer- cial flight. ‘‘(b) CONDITIONS TO ENSURE PUBLIC SAFETY.—The Ad- ministrator, consistent with current standards of the [Federal Aviation] Administration for such operations, shall impose minimum standards with respect to train- ing and flight hours for operations conducted by an owner or operator of an aircraft providing living his- tory flight experience operations, including mandating that the pilot in command of such aircraft hold a com- mercial pilot certificate with instrument rating and be current and qualified with respect to all ratings or au- thorizations applicable to the specific aircraft being flown to ensure the safety of flight operations described in subsection (a). ‘‘(c) LIVING HISTORY FLIGHT EXPERIENCE PROVIDER DEFINED.—In this section, the term ‘living history flight experience provider’ means an aircraft owner, aircraft operator, or organization that provides, ar- ranges, or otherwise fosters living history flight experi- ences for the purpose of fulfilling its mission.’’ FAA CIVIL AVIATION REGISTRY UPGRADE Pub. L. 115–254, div. B, title V, § 546, Oct. 5, 2018, 132 Stat. 3376, provided that: ‘‘(a) IN GENERAL.—Not later than 3 years after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator of the Federal Aviation Administration shall complete covered upgrades of the Administration’s Civil Aviation Registry (in this section referred to as the ‘Registry’). ‘‘(b) COVERED UPGRADE DEFINED.—In this section, the term ‘covered upgrades’ means— ‘‘(1) the digitization of nondigital Registry informa- tion, including paper documents, microfilm images, and photographs, from an analog or nondigital for- mat to a digital format; ‘‘(2) the digitalization of Registry manual and paper-based processes, business operations, and func- tions 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) APPLICABILITY.—The requirements of subsection (a) shall apply to the entire Civil Aviation Registry, in- cluding the Aircraft Registration Branch and the Air- men Certification Branch. ‘‘(d) MANUAL SURCHARGE.—[Enacted section 45306 of this title.] ‘‘(e) REPORT.—Not later than 1 year after date of en- actment of this Act, and annually thereafter until the covered upgrades required under subsection (a) are complete, the Administrator shall submit a report 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] describing— ‘‘(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: Page 1294 TITLE 49—TRANSPORTATION § 44701 ‘‘(a) IN GENERAL.—The Secretary of Transportation shall carry out a public awareness campaign to reduce the amount of undeclared hazardous materials trav- eling through air commerce. ‘‘(b) CAMPAIGN REQUIREMENTS.—The public awareness campaign required under subsection (a) shall do the fol- lowing: ‘‘(1) Focus on targeting segments of the hazardous materials industry with high rates of undeclared shipments through air commerce and educate air car- riers, 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) INTERAGENCY WORKING GROUP.— ‘‘(1) ESTABLISHMENT.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall establish an inter- agency working group to promote collaboration and engagement between the Department of Transpor- tation and other relevant agencies, and develop rec- ommendations and guidance on how best to conduct the public awareness campaign required under sub- section (a). ‘‘(2) DUTIES.—The interagency working group shall consult with relevant stakeholders, including cargo air carriers, passenger air carriers, and labor organi- zations representing pilots for cargo and passenger air carriers operating under part 121 of title 14, Code of Federal Regulations. ‘‘(d) UPDATE.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall provide to the appropriate committees of Con- gress [Committee on Commerce, Science, and Transpor- tation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] an update on the status of the public awareness campaign required under subsection (a).’’ 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 Ad- ministrator of the Federal Aviation Administration shall— ‘‘(1) develop a process to verify that air carrier training programs incorporate measures to train pi- lots 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 pro- ficiency; ‘‘(3) issue guidance to aviation safety inspectors re- sponsible for oversight of the operations of air car- riers on tracking and assessing pilots’ proficiency in manual flight; and ‘‘(4) issue guidance to air carriers and inspectors re- garding standards for compliance with the require- ments for enhanced pilot training contained in the final rule published in the Federal Register on No- vember 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) IN GENERAL.—Notwithstanding any other provi- sion of law, and subject to the requirements of sub- section (b), the Administrator of the FAA may enter into a reimbursable agreement with an applicant or certificate-holder for the reasonable travel and per diem expenses of the FAA associated with official trav- el to expedite the acceptance or validation by a foreign authority of an FAA certificate or design approval or the acceptance or validation by the FAA of a foreign authority certificate or design approval. ‘‘(b) CONDITIONS.—The Administrator may enter into an agreement under subsection (a) only if— ‘‘(1) the travel covered under the agreement is deemed necessary, by both the Administrator and the applicant or certificate-holder, to expedite the ac- ceptance or validation of the relevant certificate or approval; ‘‘(2) the travel is conducted at the request of the ap- plicant 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) REPORT.—Not later than 2 years after the date of enactment of this Act [July 15, 2016], the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and In- frastructure of the House of Representatives] a report on— ‘‘(1) the number of occasions on which the Adminis- trator entered into reimbursable agreements under this section; ‘‘(2) the number of occasions on which the Adminis- trator declined a request by an applicant or certifi- cate-holder to enter into a reimbursable agreement under this section; ‘‘(3) the amount of reimbursements collected in ac- cordance 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 de- sign approvals. ‘‘(d) DEFINITIONS.—In this section, the following defi- nitions apply: ‘‘(1) APPLICANT.—The term ‘applicant’ means a per- son that has— ‘‘(A) applied to a foreign authority for the accept- ance or validation of an FAA certificate or design approval; or ‘‘(B) applied to the FAA for the acceptance or val- idation of a foreign authority certificate or design approval. ‘‘(2) CERTIFICATE-HOLDER.—The term ‘certificate- holder’ means a person that holds a certificate issued by the Administrator under part 21 of title 14, Code of Federal Regulations. ‘‘(3) FAA.—The term ‘FAA’ means the Federal Aviation Administration.’’ NOTICES TO AIR MISSIONS Pub. L. 118–4, § 3, June 3, 2023, 137 Stat. 9, provided that: ‘‘Not later than September 30, 2024, the Adminis- trator 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 In- frastructure of the House of Representatives and the Committee on Commerce, Science, and Transpor- tation of the Senate on a plan to enhance the capa- bility 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 Avia- tion 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 Page 1295 TITLE 49—TRANSPORTATION § 44701 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 Trans- portation and Infrastructure of the House of Represent- atives] 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) IN GENERAL.— ‘‘(1) DEFINITION.—In this section, the term ‘NOTAM’ means Notices to Airmen. ‘‘(2) IMPROVEMENTS.—Not later than 180 days after the date of the enactment of the Fairness for Pilots Act [Oct. 5, 2018], the Administrator of the Federal Aviation Administration shall complete the imple- mentation of a Notice to Airmen Improvement Pro- gram (in this section referred to as the ‘NOTAM Im- provement Program’)— ‘‘(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 origi- nal date of publication, and any amendments to such notices with the date of each amendment, in a manner that is Internet-accessible, machine-read- able, and searchable; ‘‘(C) to apply filters so that pilots can prioritize critical flight safety information from other air- space 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) GOALS OF PROGRAM.—The goals of the NOTAM Improvement Program are— ‘‘(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 addi- tion to specific information requested by airmen; ‘‘(4) to provide a document that is easily search- able; and ‘‘(5) to provide a filtering mechanism similar to that provided by the Department of Defense Notices to Airmen. ‘‘(c) ADVICE FROM PRIVATE SECTOR GROUPS.—The Ad- ministrator shall establish a NOTAM Improvement Panel, which shall be comprised of representatives of relevant nonprofit and not-for-profit general aviation pilot groups, to advise the Administrator in carrying out the goals of the NOTAM Improvement Program under this section. ‘‘(d) DESIGNATION OF REPOSITORY AS SOLE SOURCE FOR NOTAMS.— ‘‘(1) IN GENERAL.—The Administrator— ‘‘(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 re- pository for NOTAMs under subsection (a)(2)(B). ‘‘(2) PROHIBITION ON TAKING ACTION FOR VIOLATIONS OF NOTAMS NOT IN REPOSITORY.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), beginning on the date that the repository under subsection (a)(2)(B) is final and published, the Administrator may not take any enforcement ac- tion against an airman for a violation of a NOTAM during a flight if— ‘‘(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) EXCEPTION FOR NATIONAL SECURITY.—Sub- paragraph (A) shall not apply in the case of an en- forcement action for a violation of a NOTAM that directly relates to national security.’’ CONSISTENCY OF REGULATORY INTERPRETATION Pub. L. 112–95, title III, § 313, Feb. 14, 2012, 126 Stat. 67, provided that: ‘‘(a) ESTABLISHMENT OF ADVISORY PANEL.—Not later than 90 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Avia- tion Administration shall establish an advisory panel comprised of both Government and industry represent- atives to— ‘‘(1) review the October 2010 report by the Govern- ment Accountability Office on certification and ap- proval processes (GAO–11–14); and ‘‘(2) develop recommendations to address the find- ings in the report and other concerns raised by inter- ested parties, including representatives of the avia- tion industry. ‘‘(b) MATTERS TO BE CONSIDERED.—The advisory panel shall— ‘‘(1) determine the root causes of inconsistent inter- pretation of regulations by the Administration’s Flight Standards Service and Aircraft Certification Service; ‘‘(2) develop recommendations to improve the con- sistency of interpreting regulations by the Adminis- tration’s Flight Standards Service and Aircraft Cer- tification Service; and ‘‘(3) develop recommendations to improve commu- nications between the Administration’s Flight Stand- ards Service and Aircraft Certification Service and applicants and certificate and approval holders for the identification and resolution of potentially ad- verse issues in an expeditious and fair manner. ‘‘(c) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall transmit to the Committee on Transportation and Infrastructure of the House of Rep- resentatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the find- ings of the advisory panel, together with an expla- nation of how the Administrator will implement the recommendations of the advisory panel and measure the effectiveness of the recommendations.’’ FLIGHT STANDARDS EVALUATION PROGRAM Pub. L. 112–95, title III, § 315, Feb. 14, 2012, 126 Stat. 68, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Ad- ministrator of the Federal Aviation Administration shall modify the Flight Standards Evaluation Pro- gram— ‘‘(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) ANNUAL REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], and annually thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Rep- resentatives a report on the Flight Standards Evalua- tion Program, including the Administrator’s findings and recommendations with respect to the program. ‘‘(c) FLIGHT STANDARDS EVALUATION PROGRAM DE- FINED.—In this section, the term ‘Flight Standards Evaluation Program’ means the program established by Page 1296 TITLE 49—TRANSPORTATION § 44701 the Federal Aviation Administration in FS 1100.1B CHG3, including any subsequent revisions thereto.’’ REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM DATABASE Pub. L. 112–95, title III, § 343, Feb. 14, 2012, 126 Stat. 80, provided that: ‘‘(a) REVIEWS.—The Administrator of the Federal Aviation Administration shall establish a process by which the air transportation oversight system database of the Administration is reviewed by regional teams of employees of the Administration, including at least one employee on each team representing aviation safe- ty inspectors, on a monthly basis to ensure that— ‘‘(1) any trends in regulatory compliance are identi- fied; and ‘‘(2) appropriate corrective actions are taken in ac- cordance with Administration regulations, advisory directives, policies, and procedures. ‘‘(b) MONTHLY TEAM REPORTS.— ‘‘(1) IN GENERAL.—A regional team of employees conducting a monthly review of the air transpor- tation oversight system database under subsection (a) shall submit to the Administrator, the Associate Administrator for Aviation Safety, and the Director of Flight Standards Service a report each month on the results of the review. ‘‘(2) CONTENTS.—A report submitted under para- graph (1) shall identify— ‘‘(A) any trends in regulatory compliance discov- ered 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) BIANNUAL REPORTS TO CONGRESS.—The Adminis- trator, on a biannual basis, shall submit to the Com- mittee on Transportation and Infrastructure of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Senate a re- port on the results of the reviews of the air transpor- tation oversight system database conducted under this section, including copies of reports received under sub- section (b).’’ 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) IN GENERAL.—Not later than October 1, 2012, the Administrator of the Federal Aviation Administration shall implement, in as cost-effective a manner as pos- sible, the staffing model for aviation safety inspectors developed pursuant to the National Academy of Sciences study entitled ‘Staffing Standards for Avia- tion Safety Inspectors’. In doing so, the Administrator shall consult with interested persons, including the ex- clusive bargaining representative for aviation safety inspectors certified under section 7111 of title 5, United States Code. ‘‘(b) REPORT.—Not later than January 1 of each year beginning after September 30, 2012, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, the staffing model described in sub- section (a).’’ 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) HARMONIZATION WITH ICAO TECHNICAL INSTRUC- TIONS.— ‘‘(1) ADOPTION OF ICAO INSTRUCTIONS.— ‘‘(A) IN GENERAL.—Pursuant to section 828 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] (49 U.S.C. 44701 note), not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall con- form United States regulations on the air transport of lithium cells and batteries with the lithium cells and battery requirements in the 2015–2016 edition of the International Civil Aviation Organization’s (re- ferred to in this subsection as ‘ICAO’) Technical In- structions (to include all addenda), including the revised standards adopted by ICAO which became effective on April 1, 2016 and any further revisions adopted by ICAO prior to the effective date of the FAA Reauthorization Act of 2018 [probably means Oct. 5, 2018]. ‘‘(B) FURTHER PROCEEDINGS.—Beginning on the date the revised regulations under subparagraph (A) are published in the Federal Register, any lithium cell and battery rulemaking action or update com- menced on or after that date shall continue to com- ply with the requirements under section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note). ‘‘(2) REVIEW OF OTHER REGULATIONS.—Pursuant to section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note), the Secretary of Trans- portation may initiate a review of other existing reg- ulations regarding the air transportation, including passenger-carrying and cargo aircraft, of lithium bat- teries and cells. ‘‘(b) MEDICAL DEVICE BATTERIES.— ‘‘(1) IN GENERAL.—For United States applicants, the Secretary of Transportation shall consider and either grant or deny, not later than 45 days after receipt of an application, an application submitted in compli- ance with part 107 of title 49, Code of Federal Regula- tions, for special permits or approvals for air trans- portation of lithium ion cells or batteries specifically used by medical devices. Not later than 30 days after the date of application, the Pipeline and Hazardous Materials Safety Administration shall provide a draft special permit to the Federal Aviation Administra- tion based on the application. The Federal Aviation Administration shall conduct an on-site inspection for issuance of the special permit not later than 20 days after the date of receipt of the draft special per- mit from the Pipeline and Hazardous Materials Safe- ty Administration. ‘‘(2) LIMITED EXCEPTIONS TO RESTRICTIONS ON AIR TRANSPORTATION OF MEDICAL DEVICE BATTERIES.—The Secretary shall issue limited exceptions to the re- strictions on transportation of lithium ion and lith- ium metal batteries to allow the shipment on a pas- senger aircraft of not more than 2 replacement bat- teries specifically used for a medical device if— ‘‘(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) MEDIAL [sic] DEVICE DEFINED.—ln [sic] this sub- section, the term ‘medical device’ means an instru- ment, apparatus, implement, machine, contrivance, implant, or in vitro reagent, including any compo- nent, part, or accessory thereof, which is intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, of a person. ‘‘(4) SAVINGS CLAUSE.—Nothing in this subsection shall be construed as expanding or constricting any other authority the Secretary of Transportation has under section 828 of the FAA Modernization and Re- form Act of 2012 (49 U.S.C. 44701 note). Page 1297 TITLE 49—TRANSPORTATION § 44701 ‘‘(c) LITHIUM BATTERY SAFETY WORKING GROUP.— ‘‘(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Sec- retary of Transportation shall establish a lithium battery safety working group (referred to as the ‘working group’ in this section) to promote and co- ordinate efforts related to the promotion of the safe manufacture, use, and transportation of lithium bat- teries and cells. ‘‘(2) DUTIES.—The working group shall coordinate and facilitate the transfer of knowledge and expertise among the following Federal agencies: ‘‘(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) MEMBERS.—The Secretary shall appoint not more than 8 members to the working group with ex- pertise in the safe manufacture, use, or transpor- tation of lithium batteries and cells. ‘‘(4) SUBCOMMITTEES.—The Secretary, or members of the working group, may— ‘‘(A) establish working group subcommittees to focus on specific issues related to the safe manufac- ture, 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) REPORT.—Not later than 1 year after the date it is established, the working group shall— ‘‘(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 trans- portation requirements for both bulk and indi- vidual batteries; and ‘‘(iii) new or existing technologies that may re- duce the fire and explosion risk of lithium bat- teries 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 improve- ments described in clauses (i) through (iii) of that subparagraph. ‘‘(6) TERMINATION.—The working group, and any working group subcommittees, shall terminate 90 days after the date the report is transmitted under paragraph (5). ‘‘(d) LITHIUM BATTERY AIR SAFETY ADVISORY COM- MITTEE.— ‘‘(1) ESTABLISHMENT.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary shall establish, in accordance with the re- quirements of the Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], a lithium ion and lithium metal battery air safety ad- visory committee (in this subsection referred to as the ‘Committee’). ‘‘(2) DUTIES.—The Committee shall— ‘‘(A) facilitate communication between manufac- turers 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 effec- tiveness 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 infor- mation about new lithium ion and lithium metal battery technology and transportation safety prac- tices 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 safe- ty, the policies underlying the activities, and posi- tions 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 In- structions; 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 aware- ness 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 haz- ardous materials for shipment via air transport. ‘‘(3) MEMBERSHIP.—The Committee shall be com- posed of the following members: ‘‘(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 pow- ered by lithium ion and lithium metal batteries; ‘‘(iv) manufacturers of vehicles powered by lith- ium 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 pro- viders 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 Transpor- tation, including employees of the Federal Avia- tion Administration and the Pipeline and Haz- ardous Materials Safety Administration. ‘‘(B) Representatives of such other Government departments and agencies as the Secretary deter- mines appropriate. ‘‘(C) Any other individuals the Secretary deter- mines are appropriate to comply with Federal law. ‘‘(4) REPORT.— ‘‘(A) IN GENERAL.—Not later than 180 days after the establishment of the Committee, the Com- mittee shall submit to the Secretary and the appro- priate committees of Congress a report that— ‘‘(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 reg- ulatory requirements for which there is consensus that greater attention is needed. ‘‘(B) INDEPENDENT STATEMENTS.—Each member of the Committee shall be provided an opportunity to submit an independent statement of views with the report submitted pursuant to subparagraph (A). ‘‘(5) MEETINGS.— ‘‘(A) IN GENERAL.—The Committee shall meet at the direction of the Secretary and at least twice a year. ‘‘(B) PREPARATION FOR ICAO MEETINGS.—Notwith- standing subparagraph (A), the Secretary shall con- vene a meeting of the Committee in connection with and in advance of each meeting of the Inter- national Civil Aviation Organization, or any of its Page 1298 TITLE 49—TRANSPORTATION § 44701 panels or working groups, addressing the safety of air transportation of lithium ion and lithium metal batteries to brief Committee members on positions to be taken by the United States at such meeting and provide Committee members a meaningful op- portunity to comment. ‘‘(6) TERMINATION.—The Committee shall terminate on the date that is 6 years after the date on which the Committee is established. ‘‘(7) TERMINATION OF FUTURE OF AVIATION ADVISORY COMMITTEE.—The Future of Aviation Advisory Com- mittee shall terminate on the date on which the lith- ium ion battery air safety advisory committee is es- tablished. ‘‘(e) COOPERATIVE EFFORTS TO ENSURE COMPLIANCE WITH SAFETY REGULATIONS.— ‘‘(1) IN GENERAL.—The Secretary of Transportation, in coordination with appropriate Federal agencies, shall carry out cooperative efforts to ensure that shippers who offer lithium ion and lithium metal bat- teries for air transport to or from the United States comply with U.S. Hazardous Materials Regulations and ICAO Technical Instructions. ‘‘(2) COOPERATIVE EFFORTS.—The cooperative efforts the Secretary shall carry out pursuant to paragraph (1) include the following: ‘‘(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 for- warders, and other shippers and potential shippers of lithium ion and lithium metal batteries. ‘‘(B) Working with Federal, regional, and inter- national transportation agencies to ensure enforce- ment of U.S. Hazardous Materials Regulations and ICAO Technical Instructions with respect to ship- pers 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 inter- national aviation community to develop a process to obtain assurances that appropriate enforcement actions are taken to reduce the likelihood of non- compliant shipments, especially with respect to ju- risdictions in which enforcement activities histori- cally have been limited. ‘‘(E) Providing information in brochures and on the internet in appropriate foreign languages and dialects that describes the actions required to com- ply with U.S. Hazardous Materials Regulations and ICAO Technical Instructions. ‘‘(F) Developing joint efforts with the inter- national aviation community to promote a better understanding of the requirements of and methods of compliance with U.S. Hazardous Materials Regu- lations and ICAO Technical Instructions. ‘‘(3) REPORTING.—Not later than 120 days after the date of enactment of this Act, and annually there- after for 2 years, the Secretary shall submit to the appropriate committees of Congress a report on com- pliance with the policy set forth in subsection (e) and the cooperative efforts carried out, or planned to be carried out, under this subsection. ‘‘(f) PACKAGING IMPROVEMENTS.—Not later than 180 days after the date of enactment of this Act, the Sec- retary, in consultation with interested stakeholders, shall submit to the appropriate committees of Congress an evaluation of current practices for the packaging of lithium ion batteries and cells for air transportation, including recommendations, if any, to improve the packaging of such batteries and cells for air transpor- tation in a safe, efficient, and cost-effective manner. ‘‘(g) DEPARTMENT OF TRANSPORTATION POLICY ON INTERNATIONAL REPRESENTATION.— ‘‘(1) IN GENERAL.—It shall be the policy of the De- partment of Transportation to support the participa- tion of industry and labor stakeholders in all panels and working groups of the dangerous goods panel of the ICAO and any other international test or stand- ard setting organization that considers proposals on the safety or transportation of lithium ion and lith- ium metal batteries in which the United States par- ticipates. ‘‘(2) PARTICIPATION.—The Secretary of Transpor- tation shall request that as part of the ICAO delibera- tions in the dangerous goods panel on these issues, that appropriate experts on issues under consider- ation be allowed to participate. ‘‘(h) DEFINITIONS.—In this section, the following defi- nitions apply: ‘‘(1) ICAO TECHNICAL INSTRUCTIONS.—The term ‘ICAO Technical Instructions’ has the meaning given that term in section 828(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note). ‘‘(2) U.S. HAZARDOUS MATERIALS REGULATIONS.—The term ‘U.S. Hazardous Materials Regulations’ means the regulations in parts 100 through 177 of title 49, Code of Federal Regulations (including amendments adopted after the date of enactment of this Act [Oct. 5, 2018]).’’ Pub. L. 112–95, title VIII, § 828, Feb. 14, 2012, 126 Stat. 133, provided that: ‘‘(a) IN GENERAL.—The Secretary of Transportation, including a designee of the Secretary, may not issue or enforce any regulation or other requirement regarding the transportation by aircraft of lithium metal cells or batteries or lithium ion cells or batteries, whether transported separately or packed with or contained in equipment, if the requirement is more stringent than the requirements of the ICAO Technical Instructions. ‘‘(b) EXCEPTIONS.— ‘‘(1) PASSENGER CARRYING AIRCRAFT.—Notwith- standing subsection (a), the Secretary may enforce the prohibition on transporting primary (non-re- chargeable) lithium batteries and cells aboard pas- senger carrying aircraft set forth in special provision A100 under section 172.102(c)(2) of title 49, Code of Federal Regulations (as in effect on the date of enact- ment of this Act [Feb. 14, 2012]). ‘‘(2) CREDIBLE REPORTS.—Notwithstanding sub- section (a), if the Secretary obtains a credible report with respect to a safety incident from a national or international governmental regulatory or inves- tigating body that demonstrates that the presence of lithium metal cells or batteries or lithium ion cells or batteries on an aircraft, whether transported sepa- rately or packed with or contained in equipment, in accordance with the requirements of the ICAO Tech- nical Instructions, has substantially contributed to the initiation or propagation of an onboard fire, the Secretary— ‘‘(A) may issue and enforce an emergency regula- tion, 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 regula- tion, 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 defi- ciencies in existing regulations; and ‘‘(iii) the regulation imposes the least disrup- tive and least expensive variation from existing requirements while adequately addressing identi- fied deficiencies. ‘‘(c) ICAO TECHNICAL INSTRUCTIONS DEFINED.—In this section, the term ‘ICAO Technical Instructions’ means the International Civil Aviation Organization Tech- Page 1299 TITLE 49—TRANSPORTATION § 44701 nical Instructions for the Safe Transport of Dangerous Goods by Air (as amended, including amendments adopted after the date of enactment of this Act [Feb. 14, 2012]).’’ 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] DEFINITIONS.—In this title, the following definitions apply: ‘‘(1) ADVANCED QUALIFICATION PROGRAM.—The term ‘advanced qualification program’ means the program established by the Federal Aviation Administration in Advisory Circular 120–54A, dated June 23, 2006, in- cluding any subsequent revisions thereto. ‘‘(2) AIR CARRIER.—The term ‘air carrier’ has the meaning given that term in section 40102 of title 49, United States Code. ‘‘(3) AVIATION SAFETY ACTION PROGRAM.—The term ‘aviation safety action program’ means the program established by the Federal Aviation Administration in Advisory Circular 120–66B, dated November 15, 2002, including any subsequent revisions thereto. ‘‘(4) FLIGHT CREWMEMBER.—The term ‘flight crew- member’ has the meaning given the term ‘flightcrew member’ in part 1 of title 14, Code of Federal Regula- tions. ‘‘(5) FLIGHT OPERATIONAL QUALITY ASSURANCE PRO- GRAM.—The term ‘flight operational quality assur- ance program’ means the program established by the Federal Aviation Administration in Advisory Cir- cular 120–82, dated April 12, 2004, including any subse- quent revisions thereto. ‘‘(6) LINE OPERATIONS SAFETY AUDIT.—The term ‘line operations safety audit’ means the procedure ref- erenced by the Federal Aviation Administration in Advisory Circular 120–90, dated April 27, 2006, includ- ing any subsequent revisions thereto. ‘‘(7) PART 121 AIR CARRIER.—The term ‘part 121 air carrier’ means an air carrier that holds a certificate issued under part 121 of title 14, Code of Federal Reg- ulations. ‘‘(8) PART 135 AIR CARRIER.—The term ‘part 135 air carrier’ means an air carrier that holds a certificate issued under part 135 of title 14, Code of Federal Reg- ulations. ‘‘SEC. 202. SECRETARY OF TRANSPORTATION RE- SPONSES 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) ESTABLISHMENT.—The Administrator of the Fed- eral Aviation Administration shall establish a special task force to be known as the FAA Task Force on Air Carrier Safety and Pilot Training (in this section re- ferred to as the ‘Task Force’). ‘‘(b) COMPOSITION.—The Task Force shall consist of members appointed by the Administrator and shall in- clude air carrier representatives, labor union represent- atives, and aviation safety experts with knowledge of foreign and domestic regulatory requirements for flight crewmember education and training. ‘‘(c) DUTIES.—The duties of the Task Force shall in- clude, at a minimum, evaluating best practices in the air carrier industry and providing recommendations in the following areas: ‘‘(1) Air carrier management responsibilities for flight crewmember education and support. ‘‘(2) Flight crewmember professional standards. ‘‘(3) Flight crewmember training standards and per- formance. ‘‘(4) Mentoring and information sharing between air carriers. ‘‘(d) REPORT.—Not later than one year after the date of enactment of this Act [Aug. 1, 2010], and before the last day of each one-year period thereafter until termi- nation of the Task Force, the Task Force shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing— ‘‘(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 ac- tions recommended by the Administrator; and ‘‘(5) the progress of air carriers in developing spe- cific programs to share safety data and ensure imple- mentation of the most effective safety practices. ‘‘(e) TERMINATION.—The Task Force shall terminate on September 30, 2012. ‘‘(f) APPLICABILITY OF CHAPTER 10 OF TITLE 5, UNITED STATES CODE.—Chapter 10 of title 5, United States Code, shall not apply to the Task Force. ‘‘SEC. 205. AVIATION SAFETY INSPECTORS AND OPERATIONAL RESEARCH ANALYSTS. ‘‘(a) REVIEW BY DOT INSPECTOR GENERAL.—Not later than 9 months after the date of enactment of this Act [Aug. 1, 2010], the Inspector General of the Department of Transportation shall conduct a review of the avia- tion safety inspectors and operational research ana- lysts of the Federal Aviation Administration assigned to part 121 air carriers and submit to the Administrator of the Federal Aviation Administration a report on the results of the review. ‘‘(b) PURPOSES.—The purpose of the review shall be, at a minimum— ‘‘(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 pro- gram; ‘‘(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 inspec- tions; ‘‘(8) to evaluate whether inspectors are able to ef- fectively use data sources, such as the Safety Per- formance Analysis System and the Air Transpor- tation Oversight System, to assist in targeting over- sight of each part 121 air carrier; ‘‘(9) to assess the feasibility of establishment by the Administration of a comprehensive repository of in- formation that encompasses multiple Administration data sources and allows access by aviation safety in- spectors and operational research analysts to assist in the oversight of each part 121 air carrier; and ‘‘(10) to conduct such other analyses as the Inspec- tor General considers relevant to the review. ‘‘SEC. 206. FLIGHT CREWMEMBER MENTORING, PROFESSIONAL DEVELOPMENT, AND LEADER- SHIP. ‘‘(a) AVIATION RULEMAKING COMMITTEE.— ‘‘(1) IN GENERAL.—The Administrator of the Federal Aviation Administration shall convene an aviation rulemaking committee to develop procedures for each part 121 air carrier to take the following actions: Page 1300 TITLE 49—TRANSPORTATION § 44701 ‘‘(A) Establish flight crewmember mentoring pro- grams 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 pro- vided, at a minimum, specific instruction on tech- niques for instilling and reinforcing the highest standards of technical performance, airmanship, and professionalism in newly employed flight crew- members. ‘‘(B) Establish flight crewmember professional de- velopment committees made up of air carrier man- agement and labor union or professional associa- tion representatives to develop, administer, and oversee formal mentoring programs of the carrier to assist flight crewmembers to reach their max- imum potential as safe, seasoned, and proficient flight crewmembers. ‘‘(C) Establish or modify training programs to ac- commodate substantially different levels and types of flight experience by newly employed flight crew- members. ‘‘(D) Establish or modify training programs for second-in-command flight crewmembers attempt- ing to qualify as pilot-in-command flight crew- members for the first time in a specific aircraft type and ensure that such programs include leader- ship and command training. ‘‘(E) Ensure that recurrent training for pilots in command includes leadership and command train- ing. ‘‘(F) Such other actions as the aviation rule- making committee determines appropriate to en- hance flight crewmember professional development. ‘‘(2) COMPLIANCE WITH STERILE COCKPIT RULE.—Lead- ership and command training described in paragraphs (1)(D) and (1)(E) shall include instruction on compli- ance with flight crewmember duties under part 121.542 of title 14, Code of Federal Regulations. ‘‘(3) STREAMLINED PROGRAM REVIEW.— ‘‘(A) IN GENERAL.—As part of the rulemaking re- quired by subsection (b), the Administrator shall establish a streamlined review process for part 121 air carriers that have in effect, as of the date of en- actment of this Act [Aug. 1, 2010], the programs de- scribed in paragraph (1). ‘‘(B) EXPEDITED APPROVALS.—Under the stream- lined review process, the Administrator shall— ‘‘(i) review the programs of such part 121 air carriers to determine whether the programs meet the requirements set forth in the final rule re- ferred to in subsection (b)(2); and ‘‘(ii) expedite the approval of the programs that the Administrator determines meet such require- ments. ‘‘(b) RULEMAKING.—The Administrator shall issue— ‘‘(1) not later than one year after the date of enact- ment of this Act, a notice of proposed rulemaking based on the recommendations of the aviation rule- making committee convened under subsection (a); and ‘‘(2) not later than 36 months after such date of en- actment, a final rule based on such recommendations. ‘‘SEC. 207. FLIGHT CREWMEMBER PAIRING AND CREW RESOURCE MANAGEMENT TECHNIQUES. ‘‘(a) STUDY.—The Administrator of the Federal Avia- tion Administration shall conduct a study on aviation industry best practices with regard to flight crew- member pairing, crew resource management tech- niques, and pilot commuting. ‘‘(b) REPORT.—Not later than one year after the date of enactment of this Act [Aug. 1, 2010], the Adminis- trator shall submit to the Committee on Transpor- tation and Infrastructure of the House of Representa- tives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study. ‘‘SEC. 208. IMPLEMENTATION OF NTSB FLIGHT CREWMEMBER TRAINING RECOMMENDATIONS. ‘‘(a) RULEMAKING PROCEEDINGS.— ‘‘(1) STALL AND UPSET RECOGNITION AND RECOVERY TRAINING.—The Administrator of the Federal Avia- tion Administration shall conduct a rulemaking pro- ceeding to require part 121 air carriers to provide flight crewmembers with ground training and flight training or flight simulator training— ‘‘(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) REMEDIAL TRAINING PROGRAMS.—The Adminis- trator shall conduct a rulemaking proceeding to re- quire part 121 air carriers to establish remedial train- ing programs for flight crewmembers who have dem- onstrated performance deficiencies or experienced failures in the training environment. ‘‘(3) DEADLINES.—The Administrator shall— ‘‘(A) not later than one year after the date of en- actment 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 en- actment of this Act, issue a final rule for the rule- making under each of paragraphs (1) and (2). ‘‘(b) STICK PUSHER TRAINING AND WEATHER EVENT TRAINING.— ‘‘(1) MULTIDISCIPLINARY PANEL.—Not later than 120 days after the date of enactment of this Act, the Ad- ministrator shall convene a multidisciplinary panel of specialists in aircraft operations, flight crew- member training, human factors, and aviation safety to study and submit to the Administrator a report on methods to increase the familiarity of flight crew- members with, and improve the response of flight crewmembers to, stick pusher systems, icing condi- tions, and microburst and windshear weather events. ‘‘(2) REPORT TO CONGRESS AND NTSB.—Not later than one year after the date on which the Administrator convenes the panel, the Administrator shall— ‘‘(A) submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Trans- portation of the Senate, and the National Transpor- tation Safety Board a report based on the findings of the panel; and ‘‘(B) with respect to stick pusher systems, ini- tiate appropriate actions to implement the rec- ommendations of the panel. ‘‘(c) DEFINITIONS.—In this section, the following defi- nitions apply: ‘‘(1) FLIGHT TRAINING AND FLIGHT SIMULATOR.—The terms ‘flight training’ and ‘flight simulator’ have the meanings given those terms in part 61.1 of title 14, Code of Federal Regulations (or any successor regula- tion). ‘‘(2) STALL.—The term ‘stall’ means an aero- dynamic loss of lift caused by exceeding the critical angle of attack. ‘‘(3) STICK PUSHER.—The term ‘stick pusher’ means a device that, at or near a stall, applies a nose down pitch force to an aircraft’s control columns to at- tempt to decrease the aircraft’s angle of attack. ‘‘(4) UPSET.—The term ‘upset’ means an unusual aircraft attitude. ‘‘SEC. 209. FAA RULEMAKING ON TRAINING PRO- GRAMS. ‘‘(a) COMPLETION OF RULEMAKING ON TRAINING PRO- GRAMS.—Not later than 14 months after the date of en- actment of this Act [Aug. 1, 2010], the Administrator of the Federal Aviation Administration shall issue a final rule with respect to the notice of proposed rulemaking published in the Federal Register on January 12, 2009 (74 Fed. Reg. 1280; relating to training programs for flight crewmembers and aircraft dispatchers). ‘‘(b) EXPERT PANEL TO REVIEW PART 121 AND PART 135 TRAINING HOURS.— Page 1301 TITLE 49—TRANSPORTATION § 44701 ‘‘(1) ESTABLISHMENT.—Not later than 60 days after the date of enactment of this Act, the Administrator shall convene a multidisciplinary expert panel com- prised of, at a minimum, air carrier representatives, training facility representatives, instructional design experts, aircraft manufacturers, safety organization representatives, and labor union representatives. ‘‘(2) ASSESSMENT AND RECOMMENDATIONS.—The panel shall assess and make recommendations concerning— ‘‘(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 mas- ter aircraft systems, maneuvers, procedures, take- offs 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 re- current training events; ‘‘(D) the best methods reliably to evaluate mas- tery by such flight crewmembers of aircraft sys- tems, maneuvers, procedures, takeoffs and land- ings, and crew coordination; ‘‘(E) classroom instruction requirements gov- erning 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) BEST PRACTICES.—In making recommendations under subsection (b)(2), the panel shall consider, if appropriate, best practices in the aviation industry with respect to training protocols, methods, and pro- cedures. ‘‘(4) REPORT.—Not later than one year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transpor- tation of the Senate, and the National Transpor- tation Safety Board a report based on the findings of the panel. ‘‘SEC. 210. DISCLOSURE OF AIR CARRIERS OPER- ATING 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 Adminis- tration 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 car- riers are complying with all applicable safety standards of the Administration. ‘‘SEC. 212. PILOT FATIGUE. ‘‘(a) FLIGHT AND DUTY TIME REGULATIONS.— ‘‘(1) IN GENERAL.—In accordance with paragraph (3), the Administrator of the Federal Aviation Adminis- tration shall issue regulations, based on the best available scientific information, to specify limita- tions on the hours of flight and duty time allowed for pilots to address problems relating to pilot fatigue. ‘‘(2) MATTERS TO BE ADDRESSED.—In conducting the rulemaking proceeding under this subsection, the Ad- ministrator shall consider and review the following: ‘‘(A) Time of day of flights in a duty period. ‘‘(B) Number of takeoff and landings in a duty pe- riod. ‘‘(C) Number of time zones crossed in a duty pe- riod. ‘‘(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 Administra- tion. ‘‘(G) International standards regarding flight schedules and duty periods. ‘‘(H) Alternative procedures to facilitate alert- ness in the cockpit. ‘‘(I) Scheduling and attendance policies and prac- tices, including sick leave. ‘‘(J) The effects of commuting, the means of com- muting, and the length of the commute. ‘‘(K) Medical screening and treatment. ‘‘(L) Rest environments. ‘‘(M) Any other matters the Administrator con- siders appropriate. ‘‘(3) RULEMAKING.—The Administrator shall issue— ‘‘(A) not later than 180 days after the date of en- actment of this Act [Aug. 1, 2010], a notice of pro- posed rulemaking under paragraph (1); and ‘‘(B) not later than one year after the date of en- actment of this Act, a final rule under paragraph (1). ‘‘(b) FATIGUE RISK MANAGEMENT PLAN.— ‘‘(1) SUBMISSION OF FATIGUE RISK MANAGEMENT PLAN BY PART 121 AIR CARRIERS.—Not later than 90 days after the date of enactment of this Act, each part 121 air carrier shall submit to the Administrator for re- view and acceptance a fatigue risk management plan for the carrier’s pilots. ‘‘(2) CONTENTS OF PLAN.—A fatigue risk manage- ment plan submitted by a part 121 air carrier under paragraph (1) shall include the following: ‘‘(A) Current flight time and duty period limita- tions. ‘‘(B) A rest scheme consistent with such limita- tions 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 pro- gram, including the ability of the program— ‘‘(i) to improve alertness; and ‘‘(ii) to mitigate performance errors. ‘‘(3) REVIEW.—Not later than 12 months after the date of enactment of this Act, the Administrator shall review and accept or reject the fatigue risk management plans submitted under this subsection. If the Administrator rejects a plan, the Adminis- trator shall provide suggested modifications for re- submission of the plan. ‘‘(4) PLAN UPDATES.— ‘‘(A) IN GENERAL.—A part 121 air carrier shall up- date its fatigue risk management plan under para- graph (1) every 2 years and submit the update to the Administrator for review and acceptance. ‘‘(B) REVIEW.—Not later than 12 months after the date of submission of a plan update under subpara- graph (A), the Administrator shall review and ac- cept or reject the update. If the Administrator re- jects an update, the Administrator shall provide suggested modifications for resubmission of the up- date. ‘‘(5) COMPLIANCE.—A part 121 air carrier shall com- ply with the fatigue risk management plan of the air carrier that is accepted by the Administrator under this subsection. ‘‘(6) CIVIL PENALTIES.—A violation of this sub- section by a part 121 air carrier shall be treated as a violation of chapter 447 of title 49, United States Code, for purposes of the application of civil penalties under chapter 463 of that title. ‘‘(c) EFFECT OF COMMUTING ON FATIGUE.— ‘‘(1) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, the Administrator shall enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the effects of commuting on pilot fatigue and report its findings to the Administrator. Page 1302 TITLE 49—TRANSPORTATION § 44701 ‘‘(2) STUDY.—In conducting the study, the National Academy of Sciences shall consider— ‘‘(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 pi- lots, 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 car- riers (including passenger and all-cargo air car- riers), including pilot check-in requirements and sick leave and fatigue policies; ‘‘(E) postconference materials from the Federal Aviation Administration’s June 2008 symposium ti- tled ‘Aviation Fatigue Management Symposium: Partnerships for Solutions’; ‘‘(F) Federal Aviation Administration and inter- national policies and guidance regarding com- muting; and ‘‘(G) any other matters as the Administrator con- siders appropriate. ‘‘(3) PRELIMINARY FINDINGS.—Not later than 120 days after the date of entering into arrangements under paragraph (1), the National Academy of Sciences shall submit to the Administrator its pre- liminary findings under the study. ‘‘(4) REPORT.—Not later than 9 months after the date of entering into arrangements under paragraph (1), the National Academy of Sciences shall submit a report to the Administrator containing its findings under the study and any recommendations for regu- latory or administrative actions by the Federal Avia- tion Administration concerning commuting by pilots. ‘‘(5) RULEMAKING.—Following receipt of the report of the National Academy of Sciences under paragraph (4), the Administrator shall— ‘‘(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) REPORT.—Not later than 180 days after the date of enactment of this Act [Aug. 1, 2010], the Adminis- trator of the Federal Aviation Administration shall submit to the Committee on Transportation and Infra- structure of the House of Representatives and the Com- mittee on Commerce, Science, and Transportation of the Senate a report on the aviation safety action pro- gram, the flight operational quality assurance pro- gram, the line operations safety audit, and the ad- vanced qualification program. ‘‘(b) CONTENTS.—The report shall include— ‘‘(1) a list of— ‘‘(A) which air carriers are using one or more of the voluntary safety programs referred to in sub- section (a); and ‘‘(B) the voluntary safety programs each air car- rier 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 vol- untary safety programs, an explanation of the bene- fits and challenges of using each such program; ‘‘(4) a detailed analysis of how the Administration is using data derived from each of the voluntary safe- ty programs as safety analysis and accident or inci- dent 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 over- sight 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 pro- grams by the Inspector General of the Department of Transportation; and ‘‘(9) such other matters as the Administrator deter- mines are appropriate. ‘‘SEC. 214. ASAP AND FOQA IMPLEMENTATION PLAN. ‘‘(a) DEVELOPMENT AND IMPLEMENTATION PLAN.—The Administrator of the Federal Aviation Administration shall develop and implement a plan to facilitate the es- tablishment of an aviation safety action program and a flight operational quality assurance program by all part 121 air carriers. ‘‘(b) MATTERS TO BE CONSIDERED.—In developing the plan under subsection (a), the Administrator shall con- sider— ‘‘(1) how the Administration can assist part 121 air carriers with smaller fleet sizes to derive a benefit from establishing a flight operational quality assur- ance program; ‘‘(2) how part 121 air carriers with established avia- tion safety action and flight operational quality as- surance 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 in- spectors can better utilize data from such database as accident and incident prevention tools. ‘‘(c) REPORT.—Not later than 180 days after the date of enactment of this Act [Aug. 1, 2010], the Adminis- trator shall submit to the Committee on Transpor- tation and Infrastructure of the House of Representa- tives and the Committee on Commerce, Science, and Transportation of the Senate a copy of the plan devel- oped under subsection (a) and an explanation of how the Administration will implement the plan. ‘‘(d) DEADLINE FOR BEGINNING IMPLEMENTATION OF PLAN.—Not later than one year after the date of enact- ment of this Act, the Administrator shall begin imple- mentation of the plan developed under subsection (a). ‘‘SEC. 215. SAFETY MANAGEMENT SYSTEMS. ‘‘(a) RULEMAKING.—The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require all part 121 air carriers to imple- ment a safety management system. ‘‘(b) MATTERS TO CONSIDER.—In conducting the rule- making under subsection (a), the Administrator shall consider, at a minimum, including each of the fol- lowing as a part of the safety management system: ‘‘(1) An aviation safety action program. ‘‘(2) A flight operational quality assurance pro- gram. ‘‘(3) A line operations safety audit. ‘‘(4) An advanced qualification program. ‘‘(c) DEADLINES.—The Administrator shall issue— ‘‘(1) not later than 90 days after the date of enact- ment 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 en- actment of this Act, a final rule under subsection (a). ‘‘(d) SAFETY MANAGEMENT SYSTEM DEFINED.—In this section, the term ‘safety management system’ means the program established by the Federal Aviation Ad- Page 1303 TITLE 49—TRANSPORTATION § 44701 ministration in Advisory Circular 120–92, dated June 22, 2006, including any subsequent revisions thereto. ‘‘SEC. 216. FLIGHT CREWMEMBER SCREENING AND QUALIFICATIONS. ‘‘(a) REQUIREMENTS.— ‘‘(1) RULEMAKING PROCEEDING.—The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require part 121 air car- riers to develop and implement means and methods for ensuring that flight crewmembers have proper qualifications and experience. ‘‘(2) MINIMUM REQUIREMENTS.— ‘‘(A) PROSPECTIVE FLIGHT CREWMEMBERS.—Rules issued under paragraph (1) shall ensure that pro- spective flight crewmembers undergo comprehen- sive preemployment screening, including an assess- ment of the skills, aptitudes, airmanship, and suit- ability of each applicant for a position as a flight crewmember in terms of functioning effectively in the air carrier’s operational environment. ‘‘(B) ALL FLIGHT CREWMEMBERS.—Rules issued under paragraph (1) shall ensure that, after the date that is 3 years after the date of enactment of this Act [Aug. 1, 2010], all flight crewmembers— ‘‘(i) have obtained an airline transport pilot cer- tificate under part 61 of title 14, Code of Federal Regulations; and ‘‘(ii) have appropriate multi-engine aircraft flight experience, as determined by the Adminis- trator. ‘‘(b) DEADLINES.—The Administrator shall issue— ‘‘(1) not later than 180 days after the date of enact- ment of this Act, a notice of proposed rulemaking under subsection (a); and ‘‘(2) not later than 24 months after such date of en- actment, a final rule under subsection (a). ‘‘(c) DEFAULT.—The requirement that each flight crewmember for a part 121 air carrier hold an airline transport pilot certificate under part 61 of title 14, Code of Federal Regulations, shall begin to apply on the date that is 3 years after the date of enactment of this Act even if the Administrator fails to meet a deadline es- tablished under this section. ‘‘SEC. 217. AIRLINE TRANSPORT PILOT CERTIFI- CATION. ‘‘(a) RULEMAKING PROCEEDING.—The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to amend part 61 of title 14, Code of Federal Regulations, to modify requirements for the issuance of an airline transport pilot certificate. ‘‘(b) MINIMUM REQUIREMENTS.—To be qualified to re- ceive an airline transport pilot certificate pursuant to subsection (a), an individual shall— ‘‘(1) have sufficient flight hours, as determined by the Administrator, to enable a pilot to function effec- tively in an air carrier operational environment; and ‘‘(2) have received flight training, academic train- ing, or operational experience that will prepare a pilot, at a minimum, to— ‘‘(A) function effectively in a multipilot environ- ment; ‘‘(B) function effectively in adverse weather con- ditions, including icing conditions; ‘‘(C) function effectively during high altitude op- erations; ‘‘(D) adhere to the highest professional standards; and ‘‘(E) function effectively in an air carrier oper- ational environment. ‘‘(c) FLIGHT HOURS.— ‘‘(1) NUMBERS OF FLIGHT HOURS.—The total flight hours required by the Administrator under sub- section (b)(1) shall be at least 1,500 flight hours. ‘‘(2) FLIGHT HOURS IN DIFFICULT OPERATIONAL CONDI- TIONS.—The total flight hours required by the Admin- istrator under subsection (b)(1) shall include suffi- cient flight hours, as determined by the Adminis- trator, in difficult operational conditions that may be encountered by an air carrier to enable a pilot to operate safely in such conditions. ‘‘(d) CREDIT TOWARD FLIGHT HOURS.—The Adminis- trator may allow specific academic training courses, beyond those required under subsection (b)(2), to be credited toward the total flight hours required under subsection (c). The Administrator may allow such cred- it based on a determination by the Administrator that allowing a pilot to take specific academic training courses will enhance safety more than requiring the pilot to fully comply with the flight hours requirement. ‘‘(e) RECOMMENDATIONS OF EXPERT PANEL.—In con- ducting the rulemaking proceeding under this section, the Administrator shall review and consider the assess- ment and recommendations of the expert panel to re- view part 121 and part 135 training hours established by section 209(b) of this Act. ‘‘(f) DEADLINE.—Not later than 36 months after the date of enactment of this Act [Aug. 1, 2010], the Admin- istrator shall issue a final rule under subsection (a).’’ FAA INSPECTOR TRAINING Pub. L. 108–176, title V, § 506, Dec. 12, 2003, 117 Stat. 2560, provided that: ‘‘(a) STUDY.— ‘‘(1) IN GENERAL.—The Comptroller General shall conduct a study of the training of the aviation safety inspectors of the Federal Aviation Administration (in this section referred to as ‘FAA inspectors’). ‘‘(2) CONTENTS.—The study shall include— ‘‘(A) an analysis of the type of training provided to FAA inspectors; ‘‘(B) actions that the Federal Aviation Adminis- tration has undertaken to ensure that FAA inspec- tors receive up-to-date training on the latest tech- nologies; ‘‘(C) the extent of FAA inspector training pro- vided 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) REPORT.—Not later than 1 year after the date of enactment of this Act [Dec. 12, 2003], the Comp- troller General shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study. ‘‘(b) SENSE OF THE HOUSE.—It is the sense of the House of Representatives that— ‘‘(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 re- lation 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) WORKLOAD OF INSPECTORS.— ‘‘(1) STUDY BY NATIONAL ACADEMY OF SCIENCES.—Not later than 90 days after the date of enactment of this Act [Dec. 12, 2003], the Administrator of the Federal Aviation Administration shall make appropriate ar- rangements for the National Academy of Sciences to conduct a study of the assumptions and methods used by the Federal Aviation Administration to estimate staffing standards for FAA inspectors to ensure prop- er oversight over the aviation industry, including the designee program. ‘‘(2) CONTENTS.—The study shall include the fol- lowing: ‘‘(A) A suggested method of modifying FAA in- spectors 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) REPORT.—Not later than 12 months after the initiation of the arrangements under subsection (a), the National Academy of Sciences shall transmit to Congress a report on the results of the study.’’ Page 1304 TITLE 49—TRANSPORTATION § 44701 AIR TRANSPORTATION OVERSIGHT SYSTEM Pub. L. 106–181, title V, § 513, Apr. 5, 2000, 114 Stat. 144, provided that: ‘‘(a) REPORT.—Not later than August 1, 2000, the Ad- ministrator [of the Federal Aviation Administration] shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the progress of the Federal Aviation Administration in implementing the air transportation oversight system, including in detail the training of inspectors under the system, the num- ber of inspectors using the system, air carriers subject to the system, and the budget for the system. ‘‘(b) REQUIRED CONTENTS.—At a minimum, the report shall indicate— ‘‘(1) any funding or staffing constraints that would adversely impact the Administration’s ability to con- tinue to develop and implement the air transpor- tation 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 per- formance 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) UPDATE.—Not later than August 1, 2002, the Ad- ministrator shall update the report submitted under this section and transmit the updated report to the committees referred to in subsection (a).’’ 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) IN GENERAL.—Beginning on the date of the enact- ment of this Act [Apr. 5, 2000], flight operations con- ducted by Alaska guide pilots shall be regulated under the general operating and flight rules contained in part 91 of title 14, Code of Federal Regulations. ‘‘(b) DEFINITION OF ALASKA GUIDE PILOT.—In this sec- tion the term ‘Alaska guide pilot’ means a pilot who— ‘‘(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 accom- modations 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 As- sistance Act of 1998’. ‘‘SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING. ‘‘Not later than 1 year after the date of the enact- ment 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 car- riers; 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 AIR- CRAFT. ‘‘(a) IN GENERAL.—During the 1-year period beginning on the 90th day following the date of the enactment of this Act [Apr. 24, 1998], a major air carrier shall make a good faith effort to obtain, and shall submit quar- terly reports to the Administrator of the Federal Avia- tion Administration on, the following: ‘‘(1) The number of persons who died on aircraft of the air carrier, including any person who was de- clared 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 subse- quently 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) FORMAT.—The Administrator may specify a for- mat for reports to be submitted under this section. ‘‘SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS. ‘‘(a) IN GENERAL.—Not later than 120 days after the last day of the 1-year period described in section 3, the Administrator of the Federal Aviation Administration shall make a decision on whether or not to require automatic external defibrillators on passenger aircraft operated by air carriers and whether or not to require automatic external defibrillators at airports. ‘‘(b) FORM OF DECISION.—A decision under this section shall be in the form of a notice of proposed rulemaking requiring automatic external defibrillators in airports or on passenger aircraft operated by air carriers, or both, or a recommendation to Congress for legislation requiring such defibrillators or a notice in the Federal Register that such defibrillators should not be required in airports or on such aircraft. If a decision under this section is in the form of a notice of proposed rule- making, the Administrator shall make a final decision not later than the 120th day following the date on which comments are due on the notice of proposed rule- making. ‘‘(c) CONTENTS.—If the Administrator decides that automatic external defibrillators should be required— ‘‘(1) on passenger aircraft operated by air carriers, the proposed rulemaking or recommendation shall in- clude— ‘‘(A) the size of the aircraft on which such defibrillators should be required; ‘‘(B) the class flights (whether interstate, over- seas, or foreign air transportation or any combina- tion 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 rec- ommendation shall include— ‘‘(A) the size of the airport at which such defibrillators should be required; ‘‘(B) the training that should be required for air- port personnel in the use of such defibrillators; and ‘‘(C) the associated equipment and medication that should be required at the airport. ‘‘(d) LIMITATION.—The Administrator may not require automatic external defibrillators on helicopters and on aircraft with a maximum payload capacity (as defined in section 119.3 of title 14, Code of Federal Regulations) of 7,500 pounds or less. ‘‘(e) SPECIAL RULE.—If the Administrator decides that automatic external defibrillators should be re- quired at airports, the proposed rulemaking or rec- ommendation shall provide that the airports are re- sponsible for providing the defibrillators. ‘‘SEC. 5. LIMITATIONS ON LIABILITY. ‘‘(a) LIABILITY OF AIR CARRIERS.—An air carrier shall not be liable for damages in any action brought in a Page 1305 TITLE 49—TRANSPORTATION § 44702 Federal or State court arising out of the performance of the air carrier in obtaining or attempting to obtain the assistance of a passenger in an in-flight medical emergency, or out of the acts or omissions of the pas- senger rendering the assistance, if the passenger is not an employee or agent of the carrier and the carrier in good faith believes that the passenger is a medically qualified individual. ‘‘(b) LIABILITY OF INDIVIDUALS.—An individual shall not be liable for damages in any action brought in a Federal or State court arising out of the acts or omis- sions of the individual in providing or attempting to provide assistance in the case of an in-flight medical emergency unless the individual, while rendering such assistance, is guilty of gross negligence or willful mis- conduct. ‘‘SEC. 6. DEFINITIONS. ‘‘In this Act— ‘‘(1) the terms ‘air carrier’, ‘aircraft’, ‘airport’, ‘interstate air transportation’, ‘overseas air transpor- tation’, 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 car- rier 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 pre- ceding the date of the enactment of this Act [Apr. 24, 1998], as reported to the Department of Transpor- tation pursuant to part 241 of title 14 of the Code of Federal Regulations; and ‘‘(3) the term ‘medically qualified individual’ in- cludes any person who is licensed, certified, or other- wise qualified to provide medical care in a State, in- cluding a physician, nurse, physician assistant, para- medic, 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) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the FAA. ‘‘(2) FAA.—The term ‘FAA’ means the Federal Aviation Administration.’’ § 44702. Issuance of certificates (a) GENERAL AUTHORITY AND APPLICATIONS.— The Administrator of the Federal Aviation Ad- ministration may issue airman certificates, de- sign organization certificates, type certificates, production certificates, airworthiness certifi- cates, air carrier operating certificates, airport operating certificates, air agency certificates, and air navigation facility certificates under this chapter. An application for a certificate must— (1) be under oath when the Administrator re- quires; and (2) be in the form, contain information, and be filed and served in the way the Adminis- trator prescribes. (b) CONSIDERATIONS.—When issuing a certifi- cate under this chapter, the Administrator shall— (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 certificate according to the dif- ferences between air transportation and other air commerce. (c) PRIOR CERTIFICATION.—The Administrator may authorize an aircraft, aircraft engine, pro- peller, or appliance for which a certificate has been issued authorizing the use of the aircraft, aircraft engine, propeller, or appliance in air transportation to be used in air commerce with- out another certificate being issued. (d) DELEGATION.—(1) Subject to regulations, supervision, and review the Administrator may prescribe, the Administrator may delegate to a qualified private person, or to an employee under the supervision of that person, a matter related to— (A) the examination, testing, and inspection necessary to issue a certificate under this chapter; and (B) issuing the certificate. (2) The Administrator may rescind a delega- tion under this subsection at any time for any reason the Administrator considers appropriate. (3) A person affected by an action of a private person under this subsection may apply for re- consideration of the action by the Adminis- trator. On the Administrator’s own initiative, the Administrator may reconsider the action of a private person at any time. If the Adminis- trator decides on reconsideration that the ac- tion is unreasonable or unwarranted, the Admin- istrator shall change, modify, or reverse the ac- tion. If the Administrator decides the action is warranted, the Administrator shall affirm the action. (4)(A) With respect to a critical system design feature of a transport category airplane, the Ad- ministrator may not delegate any finding of compliance with applicable airworthiness stand- ards or review of any system safety assessment required for the issuance of a certificate, includ- ing a type certificate, or amended or supple- mental type certificate, under section 44704, until the Administrator has reviewed and vali- dated any underlying assumptions related to human factors. (B) The requirement under subparagraph (A) shall not apply if the Administrator determines the matter involved is a routine task. (C) For purposes of subparagraph (A), the term critical system design feature includes any fea- ture (including a novel or unusual design fea- ture) for which the failure of such feature, ei- ther independently or in combination with other failures, could result in catastrophic or haz- ardous failure conditions, as those terms are de- fined by the Administrator. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1186; Pub. L. 108–176, title II, § 227(a), Dec. 12, 2003, 117 Stat. 2531; Pub. L. 116–260, div. V, title I, § 106, Dec. 27, 2020, 134 Stat. 2320.)