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49 U.S.C. § 44504 — Improved aircraft, aircraft engines, pro-

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49 U.S.C. § 44504 — Improved aircraft, aircraft engines, pro-

Page 1250 TITLE 49—TRANSPORTATION § 44503 first full pay period that begins on or after October 1, 1994, subject to appropriations made available in fiscal year 1995. ‘‘(e) STUDY OF RECRUITMENT AND RETENTION INCEN- TIVES.—The Administrator of the Federal Aviation Ad- ministration shall conduct a study of impediments that may exist to achieving appropriate air traffic con- troller staffing levels at hard-to-staff facilities. In con- ducting such study, the Administrator shall identify and evaluate the extent to which special incentives, of a financial or non-financial nature, could be useful in recruiting or retaining air traffic controllers at such facilities. The Administrator shall submit to the Com- mittee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives not later than 180 days after the date of enactment of this Act [May 26, 1994] a report on (1) the results of such study, (2) planned administrative actions, and (3) any recommended legislation.’’ DEFINITIONS APPLICABLE IN PUB. L. 118–63 Pub. L. 118–63, title IX, § 901, May 16, 2024, 138 Stat. 1341, provided that: ‘‘Except as otherwise provided, the definitions contained in section 44801 of title 49, United States Code, apply to this subtitle [subtitle A (§§ 901–937) of title IX of Pub. L. 118–63, see Tables for classification].’’ § 44503. Reducing nonessential expenditures The Secretary of Transportation shall attempt to reduce the capital, operating, maintenance, and administrative costs of the national airport and airway system to the maximum extent prac- ticable consistent with the highest degree of aviation safety. At least annually, the Secretary shall consult with and consider the rec- omme

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Page 1250 TITLE 49—TRANSPORTATION § 44503 first full pay period that begins on or after October 1, 1994, subject to appropriations made available in fiscal year 1995. ‘‘(e) STUDY OF RECRUITMENT AND RETENTION INCEN- TIVES.—The Administrator of the Federal Aviation Ad- ministration shall conduct a study of impediments that may exist to achieving appropriate air traffic con- troller staffing levels at hard-to-staff facilities. In con- ducting such study, the Administrator shall identify and evaluate the extent to which special incentives, of a financial or non-financial nature, could be useful in recruiting or retaining air traffic controllers at such facilities. The Administrator shall submit to the Com- mittee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives not later than 180 days after the date of enactment of this Act [May 26, 1994] a report on (1) the results of such study, (2) planned administrative actions, and (3) any recommended legislation.’’ DEFINITIONS APPLICABLE IN PUB. L. 118–63 Pub. L. 118–63, title IX, § 901, May 16, 2024, 138 Stat. 1341, provided that: ‘‘Except as otherwise provided, the definitions contained in section 44801 of title 49, United States Code, apply to this subtitle [subtitle A (§§ 901–937) of title IX of Pub. L. 118–63, see Tables for classification].’’ § 44503. Reducing nonessential expenditures The Secretary of Transportation shall attempt to reduce the capital, operating, maintenance, and administrative costs of the national airport and airway system to the maximum extent prac- ticable consistent with the highest degree of aviation safety. At least annually, the Secretary shall consult with and consider the rec- ommendations of users of the system on ways to reduce nonessential expenditures of the United States Government for aviation. The Secretary shall give particular attention to a rec- ommendation that may reduce, with no adverse effect on safety, future personnel requirements and costs to the Government required to be re- covered from user charges. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1176.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44503 .......... 49 App.:1704. July 12, 1976, Pub. L. 94–353, § 25, 90 Stat. 885. The words ‘‘in accordance with this section’’ and ‘‘due’’ are omitted as surplus. The word ‘‘personnel’’ is substituted for ‘‘manpower’’ for consistency in the re- vised title. § 44504. Improved aircraft, aircraft engines, pro- pellers, and appliances (a) DEVELOPMENTAL WORK AND SERVICE TEST- ING.—The Administrator of the Federal Aviation Administration may conduct or supervise devel- opmental work and service testing to improve aircraft, aircraft engines, propellers, and appli- ances. (b) RESEARCH.—The Administrator shall con- duct or supervise research— (1) to develop technologies and analyze in- formation to predict the effects of aircraft de- sign, maintenance, testing, wear, and fatigue on the life of aircraft, including nonstructural aircraft systems, and air safety; (2) to develop methods of analyzing and im- proving aircraft maintenance technology and practices, including nondestructive evaluation of aircraft structures; (3) to assess the fire and smoke resistance of aircraft material; (4) to develop improved fire and smoke re- sistant material for aircraft interiors; (5) to develop and improve fire and smoke containment systems for inflight aircraft fires; (6) to develop advanced aircraft fuels with low flammability and technologies that will contain aircraft fuels to minimize post-crash fire hazards; (7) to develop technologies and methods to assess the risk of and prevent defects, failures, and malfunctions of products, parts, processes, and articles manufactured for use in aircraft, aircraft engines, propellers, and appliances that could result in a catastrophic failure of an aircraft; and (8) in conjunction with other Federal agen- cies, as appropriate, to develop technologies and methods to assess the risk of and prevent defects, failures, and malfunctions of products, parts, and processes for use in all classes of unmanned aircraft systems that could result in a catastrophic failure of the unmanned air- craft that would endanger other aircraft in the national airspace system. (c) AUTHORITY TO BUY ITEMS OFFERING SPE- CIAL ADVANTAGES.—In carrying out this section, the Administrator, by negotiation or otherwise, may buy or exchange experimental aircraft, air- craft engines, propellers, and appliances that the Administrator decides may offer special ad- vantages to aeronautics. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1176; Pub. L. 106–181, title IX, § 904, Apr. 5, 2000, 114 Stat. 196; Pub. L. 112–95, title IX, § 903(a), Feb. 14, 2012, 126 Stat. 138.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44504(a) ...... 49 App.:1353(b) (1st sentence). Aug. 23, 1958, Pub. L. 85–726, § 312(b) (1st, last sen- tences), 72 Stat. 752. 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. 44504(b) ...... 49 App.:1353(b) (2d sentence). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 312(b) (2d sentence); added Nov. 3, 1988, Pub. L. 100–591, § 2, 102 Stat. 3011; Nov. 5, 1990, Pub. L. 101–508, § 9208(a), 104 Stat. 1388–376. 44504(c) ...... 49 App.:1353(b) (last sentence) 49 App.:1655(c)(1). In this section, the word ‘‘Administrator’’ in section 312(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752) is retained on authority of 49:106(g). In subsection (a), the words ‘‘to improve’’ are sub- stituted for ‘‘such . . . as tends to the creation of im- proved’’ to eliminate unnecessary words. Editorial Notes AMENDMENTS 2012—Subsec. (b)(8). Pub. L. 112–95 added par. (8). 2000—Subsec. (b)(1). Pub. L. 106–181 inserted ‘‘, including nonstructural aircraft systems,’’ after ‘‘life of aircraft’’. Page 1251 TITLE 49—TRANSPORTATION § 44504 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. ELECTRIC AIRCRAFT INFRASTRUCTURE PILOT PROGRAM Pub. L. 118–63, title VII, § 745, May 16, 2024, 138 Stat. 1282, provided that: ‘‘(a) IN GENERAL.—The Secretary [of Transportation] may establish a pilot program under which airport sponsors may use funds made available under chapter 471 or section 48103 of title 49, United States Code, for use at up to 10 airports to carry out— ‘‘(1) activities associated with the acquisition, by purchase or lease, operation, and installation of equipment to support the operations of electric air- craft, including interoperable electric vehicle charg- ing equipment; and ‘‘(2) the construction or modification of infrastruc- ture to facilitate the delivery of power or services necessary for the use of electric aircraft, including— ‘‘(A) on airport utility upgrades; and ‘‘(B) associated design costs. ‘‘(b) ELIGIBILITY.—A public-use airport is eligible for participation in the pilot program under this section if the Secretary finds that funds made available under subsection (a) would support— ‘‘(1) electric aircraft operators at such airport, or using such airport; or ‘‘(2) electric aircraft operators planning to operate at such airport with an associated agreement in place. ‘‘(c) SUNSET.—The pilot program established under subsection (a) shall terminate on October 1, 2028.’’ NEXT GENERATION RADIO ALTIMETERS Pub. L. 118–63, title X, § 1018, May 16, 2024, 138 Stat. 1397, 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], in coordination with the aviation and commercial wire- less industries, the National Telecommunications and Information Administration, the Federal Communica- tions Commission, and other relevant government stakeholders, shall carry out an accelerated research and development program to inform the development and testing of the standards and technology necessary to ensure appropriate FAA [Federal Aviation Adminis- tration] certification actions and industry production that meets the installation requirements for next gen- eration radio altimeters across all necessary aircraft by January 1, 2028. ‘‘(b) GRANT PROGRAM.—Subject to the availability of appropriations, the Administrator may award grants for the purposes of research and development, testing, and other activities necessary to ensure that next gen- eration radio altimeter technology is developed, tested, certified, and installed on necessary aircraft by 2028, in- cluding through public-private partnership grants (which shall include protections for necessary intellec- tual property with respect to any private sector entity testing, certifying, or producing next generation radio altimeters under the program carried out under this section) with industry to ensure the accelerated pro- duction and installation by January 1, 2028. ‘‘(c) REVIEW AND REPORT.—Not later than 180 days after the enactment of this Act, the Administrator shall submit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Com- merce, Science, and Transportation of the Senate] and the Committee on Transportation and Infrastructure of the House of Representatives a report on the steps the Administrator has taken as of the date on which such report is submitted and any actions the Administrator plans to take, including as part of the program carried out under this section, to ensure that next generation radio altimeter technology is developed, tested, cer- tified, and installed by 2028. ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to apply to efforts to retrofit the ex- isting supply of altimeters in place as of the date of en- actment of this Act.’’ HYDROGEN AVIATION STRATEGY Pub. L. 118–63, title X, § 1019, May 16, 2024, 138 Stat. 1398, provided that: ‘‘(a) FAA AND DEPARTMENT OF ENERGY LEADERSHIP ON USING HYDROGEN TO PROPEL COMMERCIAL AIRCRAFT.— The Secretary [of Transportation], acting through the Administrator [of the Federal Aviation Administra- tion] and jointly with the Secretary of Energy, shall exercise leadership in and shall conduct research and development activities relating to enabling the safe use of hydrogen in civil aviation, including the safe and ef- ficient use and sourcing of hydrogen to propel commer- cial aircraft. ‘‘(b) RESEARCH STRATEGY.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator, in consultation with the Adminis- trator of NASA [National Aeronautics and Space Ad- ministration] and other relevant Federal agencies, shall complete the development of a research and de- velopment strategy on the safe use of hydrogen in civil aviation. ‘‘(c) CONSIDERATIONS.—The strategy developed under subsection (b) shall consider the following: ‘‘(1) The feasibility, opportunities, challenges, and pathways toward the potential and safe uses of hy- drogen in civil aviation. ‘‘(2) The use of hydrogen in addition to electric pro- pulsion to propel commercial aircraft and any related operational efficiencies. ‘‘(d) EXERCISE OF LEADERSHIP.—The Secretary, the Administrator, and the Secretary of Energy shall carry out the research activities consistent with the strategy in subsection (b), and that may include the following: ‘‘(1) Establishing positions and goals for the safe use of hydrogen in civil aviation, including to propel commercial aircraft. ‘‘(2) Understanding of the qualification of hydrogen aviation fuel, the safe transition to such fuel for air- craft, the advancement of certification efforts for such fuel, and risk mitigation measures for the use of such fuel in aircraft systems, including propulsion and storage systems. ‘‘(3) Through grant, contract, or interagency agree- ments, carrying out research and development to un- derstand the contribution that the use of hydrogen would have on civil aviation, including hydrogen as an input for conventional jet fuel, hydrogen fuel cells as a source of electric propulsion, sustainable avia- tion fuel, and power to liquids or synthetic fuel, and researching ways of accelerating the introduction of hydrogen-propelled aircraft. ‘‘(4) Reviewing grant eligibility requirements, loans, loan guarantees, and other policies and re- quirements of the FAA [Federal Aviation Adminis- tration] and the Department of Energy to identify ways to increase the safe and efficient use of hydro- gen in civil aviation. ‘‘(5) Considering the needs of the aerospace indus- try, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders in creating policies that enable the safe use of hydrogen in civil aviation. ‘‘(6) Coordinating with NASA, and obtaining input from the aerospace industry, aviation suppliers, hy- drogen producers, airlines, airport sponsors, fixed base operators, academia and other stakeholders re- garding— ‘‘(A) the safe and efficient use of hydrogen in civil aviation, including— ‘‘(i) updating or modifying existing policies on such use; Page 1252 TITLE 49—TRANSPORTATION § 44504 ‘‘(ii) assessing barriers to, and benefits of, the introduction of hydrogen in civil aviation, includ- ing aircraft propelled by hydrogen; ‘‘(iii) the operational differences between air- craft propelled by hydrogen and aircraft propelled with other types of fuels; and ‘‘(iv) public, economic, and noise benefits of the operation of commercial aircraft propelled by hy- drogen and associated aerospace industry activ- ity; and ‘‘(B) other issues identified by the Secretary, the Administrator, the Secretary of Energy, or the ad- visory committee established under paragraph (7) that must be addressed in order to enable the safe and efficient use of hydrogen in civil aviation. ‘‘(7) Establish an advisory committee composed of representatives of NASA, the aerospace industry, aviation suppliers, hydrogen producers, airlines, air- port sponsors, fixed base operators, and other stake- holders to advise the Secretary, the Administrator, and the Secretary of Energy on the activities carried out under this subsection. ‘‘(e) INTERNATIONAL LEADERSHIP.—The Secretary, the Administrator, and the Secretary of Energy, in the ap- propriate international forums, shall take actions that— ‘‘(1) demonstrate global leadership in carrying out the activities required by subsections (a) and (b); ‘‘(2) consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, air- port sponsors, fixed base operators, and other stake- holders identified under subsection (b); ‘‘(3) consider the needs of fuel cell manufacturers; and ‘‘(4) seek to advance the competitiveness of the United States in the safe use of hydrogen in civil aviation. ‘‘(f) REPORT TO CONGRESS.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Secretary, acting through the Administrator and jointly with the Secretary of Energy, shall submit 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] and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing— ‘‘(1) the actions of the Secretary, the Adminis- trator, and the Secretary of Energy to exercise lead- ership in conducting research relating to the safe and efficient use of hydrogen in civil aviation; ‘‘(2) the planned, proposed, and anticipated actions to update or modify existing policies related to the safe and efficient use of hydrogen in civil aviation, based on the results of the research and development carried out under this section, including such actions identified as a result of consultation with, and feed- back from, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, academia and other stakeholders identified under subsection (b); and ‘‘(3) a proposed timeline for any such actions pursu- ant to paragraph (2).’’ FAA LEADERSHIP IN HYDROGEN AVIATION Pub. L. 118–63, title XI, § 1109, May 16, 2024, 138 Stat. 1418, provided that: ‘‘(a) IN GENERAL.—The Administrator [of the Federal Aviation Administration] shall exercise leadership in the development of Federal regulations, standards, best practices, and guidance relating to the safe and effi- cient certification of the use of hydrogen in civil avia- tion, including the certification of hydrogen-powered commercial aircraft. ‘‘(b) EXERCISE OF LEADERSHIP.—In carrying out sub- section (a), the Administrator shall— ‘‘(1) develop a viable path for the certification of the safe use of hydrogen in civil aviation, including hydrogen-powered aircraft, that considers existing frameworks, modifying an existing framework, or de- veloping new standards, best practices, or guidance to complement the existing frameworks, as appropriate; ‘‘(2) review certification regulations, guidance, and other requirements of the FAA [Federal Aviation Ad- ministration] to identify ways to safely and effi- ciently certify hydrogen-powered commercial air- craft; ‘‘(3) consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, air- port sponsors, fixed base operators, and other stake- holders when developing regulations and standards that enable the safe certification and deployment of the use of hydrogen in civil aviation, including hy- drogen-powered commercial aircraft, in the national airspace system; and ‘‘(4) obtain the input of the aerospace industry, aviation suppliers, hydrogen producers, airlines, air- port sponsors, fixed base operators, academia, re- search institutions, and other stakeholders regard- ing— ‘‘(A) an appropriate regulatory framework and timeline for permitting the safe and efficient use of hydrogen in civil aviation, including the deploy- ment and operation of hydrogen-powered commer- cial aircraft in the United States, which may in- clude updating or modifying existing regulations; ‘‘(B) how to accelerate the resolution of issues re- lated to data, standards development, and related regulations necessary to facilitate the safe and effi- cient certification of the use of hydrogen in civil aviation, including hydrogen-powered commercial aircraft; and ‘‘(C) other issues identified and determined appro- priate by the Administrator or the advisory com- mittee established under section 1019(d)(7) [of Pub. L. 118–63, set out in a note above] to be addressed to enable the safe and efficient use of hydrogen in civil aviation, including the deployment and oper- ation of hydrogen-powered commercial aircraft.’’ ALTERNATIVE FUEL AND LOW-EMISSION AVIATION TECHNOLOGY PROGRAM Pub. L. 117–169, title IV, § 40007, Aug. 16, 2022, 136 Stat. 2030, provided that: ‘‘(a) APPROPRIATION AND ESTABLISHMENT.—For pur- poses of establishing a competitive grant program for eligible entities to carry out projects located in the United States that produce, transport, blend, or store sustainable aviation fuel, or develop, demonstrate, or apply low-emission aviation technologies, in addition to amounts otherwise available, there are appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2026— ‘‘(1) $244,530,000 for projects relating to the produc- tion, transportation, blending, or storage of sustain- able aviation fuel; ‘‘(2) $46,530,000 for projects relating to low-emission aviation technologies; and ‘‘(3) $5,940,000 to fund the award of grants under this section, and oversight of the program, by the Sec- retary. ‘‘(b) CONSIDERATIONS.—In carrying out subsection (a), the Secretary shall consider, with respect to a proposed project— ‘‘(1) the capacity for the eligible entity to increase the domestic production and deployment of sustain- able aviation fuel or the use of low-emission aviation technologies among the United States commercial aviation and aerospace industry; ‘‘(2) the projected greenhouse gas emissions from such project, including emissions resulting from the development of the project, and the potential the project has to reduce or displace, on a lifecycle basis, United States greenhouse gas emissions associated with air travel; ‘‘(3) the capacity to create new jobs and develop supply chain partnerships in the United States; ‘‘(4) for projects related to the production of sus- tainable aviation fuel, the projected lifecycle green- Page 1253 TITLE 49—TRANSPORTATION § 44504 house gas emissions benefits from the proposed project, which shall include feedstock and fuel pro- duction and potential direct and indirect greenhouse gas emissions (including resulting from changes in land use); and ‘‘(5) the benefits of ensuring a diversity of feed- stocks for sustainable aviation fuel, including the use of waste carbon oxides and direct air capture. ‘‘(c) COST SHARE.—The Federal share of the cost of a project carried out using grant funds under subsection (a) shall be 75 percent of the total proposed cost of the project, except that such Federal share shall increase to 90 percent of the total proposed cost of the project if the eligible entity is a small hub airport or nonhub airport, as such terms are defined in section 47102 of title 49, United States Code. ‘‘(d) FUEL EMISSIONS REDUCTION TEST.—For purposes of clause (ii) of subsection (e)(7)(E), the Secretary shall, not later than 2 years after the date of enactment of this section [Aug. 16, 2022], adopt at least 1 method- ology for testing lifecycle greenhouse gas emissions that meets the requirements of such clause. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— ‘‘(A) a State or local government, including the District of Columbia, other than an airport sponsor; ‘‘(B) an air carrier; ‘‘(C) an airport sponsor; ‘‘(D) an accredited institution of higher edu- cation; ‘‘(E) a research institution; ‘‘(F) a person or entity engaged in the production, transportation, blending, or storage of sustainable aviation fuel in the United States or feedstocks in the United States that could be used to produce sustainable aviation fuel; ‘‘(G) a person or entity engaged in the develop- ment, demonstration, or application of low-emis- sion aviation technologies; or ‘‘(H) nonprofit entities or nonprofit consortia with experience in sustainable aviation fuels, low- emission aviation technologies, or other clean transportation research programs. ‘‘(2) FEEDSTOCK.—The term ‘feedstock’ means sources of hydrogen and carbon not originating from unrefined or refined petrochemicals. ‘‘(3) INDUCED LAND-USE CHANGE VALUES.—The term ‘induced land-use change values’ means the green- house gas emissions resulting from the conversion of land to the production of feedstocks and from the conversion of other land due to the displacement of crops or animals for which the original land was pre- viously used. ‘‘(4) LIFECYCLE GREENHOUSE GAS EMISSIONS.—The term ‘lifecycle greenhouse gas emissions’ means the combined greenhouse gas emissions from feedstock production, collection of feedstock, transportation of feedstock to fuel production facilities, conversion of feedstock to fuel, transportation and distribution of fuel, and fuel combustion in an aircraft engine, as well as from induced land-use change values. ‘‘(5) LOW-EMISSION AVIATION TECHNOLOGIES.—The term ‘low-emission aviation technologies’ means technologies, produced in the United States, that sig- nificantly— ‘‘(A) improve aircraft fuel efficiency; ‘‘(B) increase utilization of sustainable aviation fuel; or ‘‘(C) reduce greenhouse gas emissions produced during operation of civil aircraft. ‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation. ‘‘(7) SUSTAINABLE AVIATION FUEL.—The term ‘sus- tainable aviation fuel’ means liquid fuel, produced in the United States, that— ‘‘(A) consists of synthesized hydrocarbons; ‘‘(B) meets the requirements of— ‘‘(i) ASTM International Standard D7566; or ‘‘(ii) the co-processing provisions of ASTM International Standard D1655, Annex A1 (or such successor standard); ‘‘(C) is derived from biomass (in a similar manner as such term is defined in section 45K(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 45K(c)(3)]), waste streams, renewable energy sources, or gas- eous carbon oxides; ‘‘(D) is not derived from palm fatty acid dis- tillates; and ‘‘(E) achieves at least a 50 percent lifecycle green- house gas emissions reduction in comparison with petroleum-based jet fuel, as determined by a test that shows— ‘‘(i) the fuel production pathway achieves at least a 50 percent reduction of the aggregate attributional core lifecycle emissions and the in- duced land-use change values under a lifecycle methodology for sustainable aviation fuels simi- lar to that adopted by the International Civil Aviation Organization with the agreement of the United States; or ‘‘(ii) the fuel production pathway achieves at least a 50 percent reduction of the aggregate attributional core lifecycle greenhouse gas emis- sions values and the induced land-use change val- ues under another methodology that the Sec- retary determines is— ‘‘(I) reflective of the latest scientific under- standing of lifecycle greenhouse gas emissions; and ‘‘(II) as stringent as the requirement under clause (i).’’ CRASH-RESISTANT FUEL SYSTEMS Pub. L. 114–190, title II, § 2105, July 15, 2016, 130 Stat. 620, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Adminis- trator of the Federal Aviation Administration shall evaluate and update, as necessary, standards for crash- resistant fuel systems for civilian rotorcraft.’’ AVIATION FUEL RESEARCH AND DEVELOPMENT PROGRAM Pub. L. 112–95, title IX, § 910, Feb. 14, 2012, 126 Stat. 141, provided that: ‘‘(a) IN GENERAL.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator [of the Federal Aviation Administra- tion], in coordination with the Administrator of NASA [National Aeronautics and Space Administration], shall continue research and development activities into the qualification of an unleaded aviation fuel and safe transition to this fuel for the fleet of piston engine air- craft. ‘‘(b) REQUIREMENTS.—In carrying out the program under subsection (a), the Administrator shall, at a min- imum— ‘‘(1) not later than 120 days after the date of enact- ment of this Act [Feb. 14, 2012], develop a research and development plan containing the specific re- search and development objectives, including consid- eration of aviation safety, technical feasibility, and other relevant factors, and the anticipated timetable for achieving the objectives; ‘‘(2) assess the methods and processes by which the FAA and industry may expeditiously certify and ap- prove new aircraft and recertify existing aircraft with respect to unleaded aviation fuel; ‘‘(3) assess technologies that modify existing piston engine aircraft to enable safe operation of the air- craft using unleaded aviation fuel and determine the resources necessary to certify those technologies; and ‘‘(4) develop recommendations for appropriate poli- cies and guidelines to facilitate a transition to un- leaded aviation fuel for piston engine aircraft. ‘‘(c) COLLABORATION.—In carrying out the program under subsection (a), the Administrator shall collabo- rate with— ‘‘(1) industry groups representing aviation con- sumers, manufacturers, and fuel producers and dis- tributors; and ‘‘(2) other appropriate Federal agencies. Page 1254 TITLE 49—TRANSPORTATION § 44504 ‘‘(d) REPORT.—Not later than 270 days after the date of enactment of this Act [Feb. 14, 2012], the Adminis- trator shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Trans- portation of the Senate a report on the plan, informa- tion obtained, and policies and guidelines developed pursuant to subsection (b).’’ RESEARCH PROGRAM ON ALTERNATIVE JET FUEL TECHNOLOGY FOR CIVIL AIRCRAFT Pub. L. 112–95, title IX, § 911, Feb. 14, 2012, 126 Stat. 142, provided that: ‘‘(a) IN GENERAL.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator [of the Federal Aviation Administra- tion (FAA)] shall establish a research program to assist in the development and qualification of jet fuel from alternative sources (such as natural gas, biomass, eth- anol, butanol, and hydrogen) and other renewable sources. ‘‘(b) AUTHORITY TO MAKE GRANTS.—The Adminis- trator shall carry out the program through the use of grants or other measures authorized under section 106(l)(6) of such title, including reimbursable agree- ments with other Federal agencies. ‘‘(c) PARTICIPATION IN PROGRAM.— ‘‘(1) PARTICIPATION OF EDUCATIONAL AND RESEARCH INSTITUTIONS.—In carrying out the program, the Ad- ministrator shall include participation by— ‘‘(A) educational and research institutions that have existing facilities and leverage private sector partnerships; and ‘‘(B) consortia with experience across the supply chain, including with research, feedstock develop- ment and production, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transpor- tation of alternative aviation fuel. ‘‘(2) USE OF NASA FACILITIES.—In carrying out the program, the Administrator shall consider utilizing the existing capacity in aeronautics research at Langley Research Center, Glenn Research Center [re- named NASA John H. Glenn Research Center at the Neil A. Armstrong Test Facility by Pub. L. 116–263, 134 Stat. 3316], and other appropriate facilities of NASA [National Aeronautics and Space Administra- tion]. ‘‘(d) DESIGNATION OF INSTITUTION AS A CENTER OF EX- CELLENCE.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Ad- ministrator may designate an institution described in subsection (c)(1)(A) as a Center of Excellence for Al- ternative Jet-Fuel Research in Civil Aircraft. ‘‘(2) EFFECT OF DESIGNATION.—The center designated under paragraph (1) shall become, upon its designa- tion— ‘‘(A) a member of the Consortium for Continuous Low Energy, Emissions, and Noise of the FAA; and ‘‘(B) part of a Joint Center of Excellence with the Partnership for Air Transportation Noise and Emis- sion Reduction FAA Center of Excellence.’’ PRODUCTION OF CLEAN COAL FUEL TECHNOLOGY FOR CIVILIAN AIRCRAFT Pub. L. 112–95, title IX, § 914, Feb. 14, 2012, 126 Stat. 144, provided that: ‘‘(a) ESTABLISHMENT OF RESEARCH PROGRAM.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator [of the Fed- eral Aviation Administration] shall establish a re- search program related to developing jet fuel from clean coal. ‘‘(b) AUTHORITY TO MAKE GRANTS.—The Adminis- trator shall carry out the program through grants or other measures authorized under section 106(l)(6) of such title, including reimbursable agreements with other Federal agencies. ‘‘(c) PARTICIPATION IN PROGRAM.—In carrying out the program, the Administrator shall include participation by educational and research institutions that have ex- isting facilities and experience in the development and deployment of technology that processes coal into aviation fuel. ‘‘(d) DESIGNATION OF INSTITUTION AS A CENTER OF EX- CELLENCE.—Not later than 180 days after the date of en- actment of this Act [Feb. 14, 2012], the Administrator may designate an institution described in subsection (c) as a Center of Excellence for Coal-to-Jet-Fuel Re- search.’’ RESEARCH AND DEVELOPMENT OF EQUIPMENT TO CLEAN AND MONITOR THE ENGINE AND APU BLEED AIR SUP- PLIED ON PRESSURIZED AIRCRAFT Pub. L. 112–95, title IX, § 917, Feb. 14, 2012, 126 Stat. 145, provided that: ‘‘(a) IN GENERAL.—Not later than 60 days after the date of enactment of this Act [Feb. 14, 2012], the Ad- ministrator [of the Federal Aviation Administration], to the extent practicable, shall implement a research program for the identification or development of appro- priate and effective air cleaning technology and sensor technology for the engine and auxiliary power unit bleed air supplied to the passenger cabin and flight deck of a pressurized aircraft. ‘‘(b) TECHNOLOGY REQUIREMENTS.—The technology re- ferred to in subsection (a) shall have the capacity, at a minimum— ‘‘(1) to remove oil-based contaminants from the bleed air supplied to the passenger cabin and flight deck; and ‘‘(2) to detect and record oil-based contaminants in the portion of the total air supplied to the passenger cabin and flight deck from bleed air. ‘‘(c) REPORT.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Com- mittee on Science, Space, and Technology of the House of Representatives a report on the results of the re- search and development work carried out under this section.’’ FAA CENTER FOR EXCELLENCE FOR APPLIED RESEARCH AND TRAINING IN THE USE OF ADVANCED MATERIALS IN TRANSPORT AIRCRAFT Pub. L. 108–176, title VII, § 708, Dec. 12, 2003, 117 Stat. 2582, as amended by Pub. L. 112–95, title IX, § 916, Feb. 14, 2012, 126 Stat. 145, provided that: ‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall develop a Center for Ex- cellence focused on applied research and training on the durability and maintainability of advanced mate- rials in transport airframe structures. The Center shall— ‘‘(1) promote and facilitate collaboration among academia, the Federal Aviation Administration’s Transportation Division, and the commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers; and ‘‘(2) establish goals set to advance technology, im- prove engineering practices, and facilitate continuing education in relevant areas of study. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to the Administrator $500,000 for each of fiscal years 2012 through 2015 to carry out this section.’’ ROTORCRAFT RESEARCH AND DEVELOPMENT INITIATIVE Pub. L. 108–176, title VII, § 711, Dec. 12, 2003, 117 Stat. 2585, provided that: ‘‘(a) OBJECTIVE.—The Administrator of the Federal Aviation Administration shall establish a rotorcraft initiative with the objective of developing, and dem- onstrating in a relevant environment, within 10 years after the date of the enactment of this Act [Dec. 12, Page 1255 TITLE 49—TRANSPORTATION § 44505 2003], technologies to enable rotorcraft with the fol- lowing improvements relative to rotorcraft existing as of the date of the enactment of this Act: ‘‘(1) 80 percent reduction in noise levels on takeoff and on approach and landing as perceived by a human observer. ‘‘(2) Factor of 10 reduction in vibration. ‘‘(3) 30 percent reduction in empty weight. ‘‘(4) Predicted accident rate equivalent to that of fixed-wing aircraft in commercial service within 10 years after the date of the enactment of this Act. ‘‘(5) Capability for zero-ceiling, zero-visibility oper- ations. ‘‘(b) IMPLEMENTATION.—Within 180 days after the date of the enactment of this Act [Dec. 12, 2003], the Admin- istrator of the Federal Aviation Administration, in co- operation with the Administrator of the National Aero- nautics and Space Administration, shall provide a plan to the Committee on Science [now Committee on Science, Space, and Technology] of the House of Rep- resentatives and to the Committee on Commerce, Science, and Transportation of the Senate for the im- plementation of the initiative described in subsection (a).’’ SPECIALTY METALS CONSORTIUM Pub. L. 106–181, title VII, § 742, Apr. 5, 2000, 114 Stat. 175, provided that: ‘‘(a) IN GENERAL.—The Administrator [of the Federal Aviation Administration] may work with a consortium of domestic metal producers and aircraft engine manu- facturers to improve the quality of turbine engine ma- terials and to address melting technology enhance- ments. ‘‘(b) REPORT.—Not later than 6 months after entering into an agreement with a consortium described in sub- section (a), the Administrator shall transmit to Con- gress a report on the goals and efforts of the consor- tium.’’ § 44505. Systems, procedures, facilities, services, and devices (a) GENERAL REQUIREMENTS.—(1) The Adminis- trator of the Federal Aviation Administration shall— (A) develop, alter, test, and evaluate sys- tems, procedures, facilities, services, and de- vices, and define their performance character- istics, to meet the needs for safe and efficient navigation and traffic control of civil and military aviation, except for needs of the armed forces that are peculiar to air warfare and primarily of military concern; and (B) select systems, procedures, facilities, services, and devices that will best serve those needs and promote maximum coordination of air traffic control and air defense systems. (2) The Administrator may make contracts to carry out this subsection without regard to sec- tion 3324(a) and (b) of title 31. (3) When a substantial question exists under paragraph (1) of this subsection about whether a matter is of primary concern to the armed forces, the Administrator shall decide whether the Administrator or the Secretary of the appro- priate military department has responsibility. The Administrator shall be given technical in- formation related to each research and develop- ment project of the armed forces that poten- tially applies to, or potentially conflicts with, the common system to ensure that potential ap- plication to the common system is considered properly and that potential conflicts with the system are eliminated. (b) RESEARCH ON HUMAN FACTORS AND SIMULA- TION MODELS.—The Administrator shall conduct or supervise research— (1) to develop a better understanding of the relationship between human factors and avia- tion accidents and between human factors and air safety; (2) to enhance air traffic controller, me- chanic, and flight crew performance; (3) to develop a human-factor analysis of the hazards associated with new technologies to be used by air traffic controllers, mechanics, and flight crews; (4) to identify innovative and effective cor- rective measures for human errors that ad- versely affect air safety; (5) to develop or procure dynamic simulation models and tools of the air traffic control sys- tem and airport design and operating proce- dures that will provide analytical tech- nology— (A) to predict airport and air traffic con- trol safety and capacity problems; (B) to evaluate planned research projects; and (C) to test proposed revisions in airport and air traffic control operations programs; (6) to develop a better understanding of the relationship between human factors and un- manned aircraft system safety; and (7) to develop or procure dynamic simulation models and tools for integrating all classes of unmanned aircraft systems into the national airspace system without any degradation of existing levels of safety for all national air- space system users. (c) RESEARCH ON DEVELOPING AND MAINTAINING A SAFE AND EFFICIENT SYSTEM.—The Adminis- trator shall conduct or supervise research on— (1) airspace and airport planning and design; (2) airport capacity enhancement tech- niques; (3) human performance in the air transpor- tation environment; (4) aviation safety and security; (5) the supply of trained air transportation personnel, including pilots and mechanics; and (6) other aviation issues related to devel- oping and maintaining a safe and efficient air transportation system. (d) RESEARCH ON DESIGN FOR CERTIFICATION.— (1) RESEARCH.—Not later than 1 year after the date of enactment of the FAA Moderniza- tion and Reform Act of 2012, the Adminis- trator shall conduct research on methods and procedures to improve both confidence in and the timeliness of certification of new tech- nologies for their introduction into the na- tional airspace system. (2) RESEARCH PLAN.—Not later than 6 months after the date of enactment of the FAA Mod- ernization and Reform Act of 2012, the Admin- istrator shall develop a plan for the research under paragraph (1) that contains objectives, proposed tasks, milestones, and a 5-year budg- etary profile. (3) REVIEW.—The Administrator shall enter into an arrangement with the National Re- search Council to conduct an independent re- view of the plan developed under paragraph (2)

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 45K — Credit for producing fuel from a nonconventional source

**(a) Allowance of credit** For purposes of section 38, the nonconventional source production credit determined under this section for the taxable year is an amount equal to— (1) $3, multiplied by (2) the barrel-of-oil equivalent of qualified fuels— (A) sold by the taxpayer to an unrelated person during the taxable year, and (B) the production of which is attributable to the taxpayer. **(b) Limitations and adjustments** (1) **Phaseout of credit** — The amount of the credit allowable under subsection (a) shall be reduced by an amount which bears the same ratio to the amount of the credit (determined without regard to this paragraph) as— (A) the amount by which the reference price for the calendar year in which the sale occurs exceeds $23.50, bears to (B) $6. (2) **Credit and phaseout adjustment based on inflation** — The $3 amount in subsection (a) and the $23.50 and $6 amounts in paragraph (1) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. In the case of gas from a tight formation, the $3 amount in subsection (a) shall not be adjusted. (3) **Credit reduced for grants, tax-exempt bonds, and subsidized energy financing** (A) *In general* — The amount of the credit allowable under subsection (a) with respect to any project for any taxable year (determined after the application of paragraphs (1) and (2)) shall be reduced by the amount which is the product of the amount so determined for such year and a fraction— (i) the numerator of which is the sum, for the taxable year and all prior taxable years, of— (I) grants provided by the United States, a State, or a political subdivision of a State for use in connection with the project, (II) proceeds of any

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 45K — Credit for producing fuel from a non-

Page 284 TITLE 26—INTERNAL REVENUE CODE § 45K 115–123, div. D, title I, § 40501(a), (b)(1), Feb. 9, 2018, 132 Stat. 153.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section and the date of the enactment of this paragraph, referred to in subsecs. (b)(4) and (d)(1)(B), are the date of enactment of Pub. L. 109–58, which was approved Aug. 8, 2005. The Rural Electrification Act of 1936, referred to in subsec. (e)(2)(A)(iii), is act May 20, 1936, ch. 432, 49 Stat. 1363, which is classified generally to chapter 31 (§ 901 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 901 of Title 7 and Tables. AMENDMENTS 2018—Subsec. (b)(4). Pub. L. 115–123, § 40501(a)(1), in- serted ‘‘or any amendment to’’ after ‘‘enactment of’’. Subsec. (b)(5). Pub. L. 115–123, § 40501(a)(2), added par. (5). Subsecs. (e), (f). Pub. L. 115–123, § 40501(b)(1), added subsec. (e) and redesignated former subsec. (e) as (f). 2007—Subsec. (b)(2). Pub. L. 110–172 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘The national mega- watt capacity limitation shall be 6,000 megawatts.’’ 2005—Subsec. (c)(2). Pub. L. 109–135, § 402(d)(1), amend- ed heading and text of par. (2) generally. Prior to amendment, text read as follows: ‘‘Rules similar to the rules of section 45(b)(1) shall apply for purposes of this section.’’ Subsec. (e). Pub. L. 109–135, § 402(d)(2), struck out ‘‘(2),’’ after ‘‘(1),’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–123, div. D, title I, § 40501(c), Feb. 9, 2018, 132 Stat. 154, provided that: ‘‘(1) TREATMENT OF UNUTILIZED LIMITATION AMOUNTS.— The amendment made by subsection (a) [amending this s

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44504 — Improved aircraft, aircraft engines, propellers, and appliances

**(a) Developmental Work and Service Testing.—** The Administrator of the Federal Aviation Administration may conduct or supervise developmental work and service testing to improve aircraft, aircraft engines, propellers, and appliances. **(b) Research.—** The Administrator shall conduct or supervise research— (1) to develop technologies and analyze information to predict the effects of aircraft design, maintenance, testing, wear, and fatigue on the life of aircraft, including nonstructural aircraft systems, and air safety; (2) to develop methods of analyzing and improving aircraft maintenance technology and practices, including nondestructive evaluation of aircraft structures; (3) to assess the fire and smoke resistance of aircraft material; (4) to develop improved fire and smoke resistant material for aircraft interiors; (5) to develop and improve fire and smoke containment systems for inflight aircraft fires; (6) to develop advanced aircraft fuels with low flammability and technologies that will contain aircraft fuels to minimize post-crash fire hazards; (7) to develop technologies and methods to assess the risk of and prevent defects, failures, and malfunctions of products, parts, processes, and articles manufactured for use in aircraft, aircraft engines, propellers, and appliances that could result in a catastrophic failure of an aircraft; and (8) in conjunction with other Federal agencies, as appropriate, to develop technologies and methods to assess the risk of and prevent defects, failures, and malfunctions of products, parts, and processes for use in all classes of unmanned aircraft systems that could result in a catastrophic failure of the unmanned aircraft that would endanger other aircraft in the national airspace system. **(c) Authority To Buy Item

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