49 U.S.C. § 44733 — Oversight of repair stations located out-

Page 1374 TITLE 49—TRANSPORTATION § 44732 prove the safety of helicopter air ambulance oper- ations.’’ Subsec. (f). Pub. L. 118–63, § 301(c)(3), redesignated subsec. (f) as (e). 2018—Subsec. (a). Pub. L. 115–254, § 314(d)(1)(A), sub- stituted ‘‘annually’’ for ‘‘not later than 1 year after the date of enactment of this section, and annually there- after’’ in introductory provisions. Subsec. (a)(2). Pub. L. 115–254, § 314(d)(1)(B), sub- stituted ‘‘hours flown by the helicopters operated by the certificate holder’’ for ‘‘flights and hours flown, by registration number, during which helicopters operated by the certificate holder were providing helicopter air ambulance services’’. Subsec. (a)(3). Pub. L. 115–254, § 314(d)(1)(C), sub- stituted ‘‘of patients transported and the number of pa- tient transport’’ for ‘‘of flight’’, inserted ‘‘or’’ after ‘‘interfacility transport,’’, and struck out ‘‘, or ferry or repositioning flight’’ after ‘‘organ transport’’. Subsec. (a)(5). Pub. L. 115–254, § 314(d)(1)(D), struck out ‘‘flights and’’ after ‘‘The number of’’ and ‘‘while providing air ambulance services’’ before period at end. Subsec. (a)(6). Pub. L. 115–254, § 314(d)(1)(E), amended par. (6) generally. Prior to amendment, par. (6) read as follows: ‘‘The time of day of each flight flown by heli- copters operated by the certificate holder while pro- viding air ambulance services.’’ Subsec. (d). Pub. L. 115–254, § 314(d)(2), substituted ‘‘The Administrator shall submit annually’’ for ‘‘Not later than 2 years after the date of enactment of this section, and annually thereafter, the Administrator shall submit’’ and inserted at end ‘‘The report shall in- clude the number of accidents experienced by heli- copter air ambulance operations, the number of fatal accidents experienced by helicopter air ambulance op- erations, and the rate, per 100,000 flight hours, of acci- dents and fatal accidents experienced by operators pro- viding helicopter air ambulance services.’’ Subsecs. (e), (f). Pub. L. 115–254, § 314(d)(3), (4), added subsec. (e) and redesignated former subsec. (e) as (f). Statutory Notes and Related Subsidiaries HELICOPTER AIR AMBULANCE OPERATIONS DATA AND REPORTS Pub. L. 115–254, div. B, title III, § 314(a)–(c), Oct. 5, 2018, 132 Stat. 3265, 3266, 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], in collaboration with helicopter air ambulance industry stakeholders, shall assess the availability of informa- tion to the general public related to the location of hel- iports and helipads used by helicopters providing air ambulance services, including helipads and helipads outside of those listed as part of any existing databases of Airport Master Record (5010) forms. ‘‘(b) REQUIREMENTS.—Based on the assessment under subsection (a), the Administrator shall— ‘‘(1) update, as necessary, any existing guidance on what information is included in the current databases of Airport Master Record (5010) forms to include in- formation related to heliports and helipads used by helicopters providing air ambulance services; or ‘‘(2) develop, as appropriate and in collaboration with helicopter air ambulance industry stakeholders, a new database of heliports and helipads used by heli- copters providing air ambulance services. ‘‘(c) REPORTS.— ‘‘(1) ASSESSMENT REPORT.—Not later than 30 days after the date the assessment under subsection (a) is complete, the Administrator shall submit to the ap- propriate committees of Congress [Committee on Commerce, Science, and Transportation of the Sen- ate and Committee on Transportation and Infrastruc- ture of the House of Representatives] a report on the assessment, including any recommendations on how to make information related to the location of heli- ports and helipads used by helicopters providing air ambulance services available to the general public. ‘‘(2) IMPLEMENTATION REPORT.—Not later than 30 days after completing action under paragraph (1) or paragraph (2) of subsection (b), the Administrator shall submit to the appropriate committees of Con- gress a report on such action.’’ § 44732. Prohibition on personal use of electronic devices on flight deck (a) IN GENERAL.—It is unlawful for a flight crewmember of an aircraft used to provide air transportation under part 121 of title 14, Code of Federal Regulations, to use a personal wireless communications device or laptop computer while at the flight crewmember’s duty station on the flight deck of such an aircraft while the aircraft is being operated. (b) EXCEPTIONS.—Subsection (a) shall not apply to the use of a personal wireless commu- nications device or laptop computer for a pur- pose directly related to operation of the air- craft, or for emergency, safety-related, or em- ployment-related communications, in accord- ance with procedures established by the air car- rier and the Administrator of the Federal Avia- tion Administration. (c) ENFORCEMENT.—In addition to the penalties provided under section 46301 applicable to any violation of this section, the Administrator of the Federal Aviation Administration may en- force compliance with this section under section 44709 by amending, modifying, suspending, or re- voking a certificate under this chapter. (d) PERSONAL WIRELESS COMMUNICATIONS DE- VICE DEFINED.—In this section, the term ‘‘per- sonal wireless communications device’’ means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Com- munications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted. (Added Pub. L. 112–95, title III, § 307(a), Feb. 14, 2012, 126 Stat. 61.) Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 112–95, title III, § 307(d), Feb. 14, 2012, 126 Stat. 62, provided that: ‘‘Not later than 90 days after the date of enactment of this Act [Feb. 14, 2012], the Adminis- trator of the Federal Aviation Administration shall ini- tiate a rulemaking procedure for regulations to carry out section 44732 of title 49, United States Code (as added by this section), and shall issue a final rule thereunder not later than 2 years after the date of en- actment of this Act.’’ § 44733. Oversight of repair stations located out- side the United States (a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall establish and implement a safety assessment system for all part 145 repair stations based on the type, scope, and complexity of work being performed. The system shall— (1) ensure that repair stations located out- side the United States are subject to appro- priate inspections based on identified risks and consistent with existing United States re- quirements; (2) consider inspection results and findings submitted by foreign civil aviation authorities operating under a maintenance safety or Page 1375 TITLE 49—TRANSPORTATION § 44733 maintenance implementation agreement with the United States; and (3) require all maintenance safety or mainte- nance implementation agreements to provide an opportunity for the Administration to con- duct independent inspections of part 145 repair stations when safety concerns warrant such inspections. (b) NOTICE TO CONGRESS OF NEGOTIATIONS.— The Administrator shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Rep- resentatives not later than 30 days after initi- ating formal negotiations with foreign aviation authorities or other appropriate foreign govern- ment agencies on a new maintenance safety or maintenance implementation agreement. (c) ANNUAL REPORT.—The Administrator shall publish an annual report on the Administra- tion’s oversight of part 145 repair stations and implementation of the safety assessment system required under subsection (a). The report shall— (1) describe in detail any improvements in the Administration’s ability to identify and track where part 121 air carrier repair work is performed; (2) include a staffing model to determine the best placement of inspectors and the number of inspectors needed; (3) describe the training provided to inspec- tors; and (4) include an assessment of the quality of monitoring and surveillance by the Adminis- tration of work performed by its inspectors and the inspectors of foreign authorities oper- ating under a maintenance safety or mainte- nance implementation agreement. (d) ALCOHOL AND CONTROLLED SUBSTANCES TESTING PROGRAM REQUIREMENTS.— (1) IN GENERAL.—The Secretary of State and the Secretary of Transportation, acting joint- ly, shall request the governments of foreign countries that are members of the Inter- national Civil Aviation Organization to estab- lish international standards for alcohol and controlled substances testing of persons that perform safety-sensitive maintenance func- tions on commercial air carrier aircraft. (2) APPLICATION TO PART 121 AIRCRAFT WORK.— Not later than 1 year after the date of enact- ment of this section, the Administrator shall promulgate a proposed rule requiring that all part 145 repair station employees responsible for safety-sensitive maintenance functions on part 121 air carrier aircraft are subject to an alcohol and controlled substances testing pro- gram determined acceptable by the Adminis- trator and consistent with the applicable laws of the country in which the repair station is located. (e) ANNUAL INSPECTIONS.—The Administrator shall ensure that part 145 repair stations located outside the United States are inspected annu- ally, without prior notice to such repair sta- tions, by Federal Aviation Administration safe- ty inspectors, without regard to where the sta- tion is located, in a manner consistent with United States obligations under international agreements and the applicable laws of the coun- try in which the repair station is located. The Administrator may carry out announced or un- announced inspections in addition to the annual unannounced inspection required under this sub- section based on identified risks and in a man- ner consistent with United States obligations under international agreements and the applica- ble laws of the country in which the part 145 re- pair station is located. (f) RISK-BASED OVERSIGHT.— (1) IN GENERAL.—Not later than 90 days after the date of enactment of the FAA Extension, Safety, and Security Act of 2016, the Adminis- trator shall take measures to ensure that the safety assessment system established under subsection (a)— (A) places particular consideration on in- spections of part 145 repair stations located outside the United States that conduct scheduled heavy maintenance work on part 121 air carrier aircraft; and (B) accounts for the frequency and serious- ness of any corrective actions that part 121 air carriers must implement to aircraft fol- lowing such work at such repair stations. (2) INTERNATIONAL AGREEMENTS.—The Ad- ministrator shall take the measures required under paragraph (1)— (A) in accordance with United States obli- gations under applicable international agreements; and (B) in a manner consistent with the appli- cable laws of the country in which a repair station is located. (3) ACCESS TO DATA.—The Administrator may access and review such information or data in the possession of a part 121 air carrier as the Administrator may require in carrying out paragraph (1)(B). (g) DATA ANALYSIS.— (1) IN GENERAL.—Each fiscal year in which a part 121 air carrier has had heavy maintenance work performed on an aircraft owned or oper- ated by such carrier, such carrier shall provide to the Administrator, not later than the end of the following fiscal year, a report containing the information described in paragraph (2). (2) INFORMATION REQUIRED.—A report under paragraph (1) shall contain the following: (A) The location where any heavy mainte- nance work on aircraft was performed out- side the United States. (B) A description of the work performed at each such location. (C) The date of completion of the work performed at each such location. (D) A list of all failures, malfunctions, or defects affecting the safe operation of such aircraft identified by the air carrier not later than 30 days after the date on which an aircraft is returned to service, organized by reference to aircraft registration number, that— (i) requires corrective action after the aircraft is approved for return to service; and (ii) results from such work performed on such aircraft. (E) The certificate number of the person approving such aircraft or on-wing aircraft Page 1376 TITLE 49—TRANSPORTATION § 44733 engine for return to service following com- pletion of the work performed at each such location. (3) ANALYSIS.—The Administrator shall— (A) analyze information provided under this subsection and sections 121.703, 121.705, 121.707, and 145.221 of title 14, Code of Federal Regulations, or any successor provisions of such title, to detect safety issues associated with heavy maintenance work on aircraft performed outside the United States; and (B) require appropriate actions by an air carrier or repair station in response to any safety issue identified by the analysis con- ducted under subparagraph (A). (4) CONFIDENTIALITY.—Information provided under this subsection shall be subject to the same protections given to voluntarily pro- vided safety or security related information under section 40123. (h) APPLICATIONS AND PROHIBITION.— (1) IN GENERAL.—The Administrator may not approve any new application under part 145 of title 14, Code of Federal Regulations, from a person located or headquartered in a country that the Administration, through the Inter- national Aviation Safety Assessment program, has classified as Category 2. (2) EXCEPTION.—Paragraph (1) shall not apply to an application for the renewal of a certificate issued under part 145 of title 14, Code of Federal Regulations. (3) MAINTENANCE IMPLEMENTATION PROCE- DURES AGREEMENT.—The Administrator may elect not to enter into a new maintenance im- plementation procedures agreement with a country classified as Category 2, for as long as the country remains classified as Category 2. (4) PROHIBITION ON CONTINUED HEAVY MAINTE- NANCE WORK.—No part 121 air carrier may enter into a new contract for heavy mainte- nance work with a person located or headquartered in a country that the Adminis- trator, through the International Aviation Safety Assessment program, has classified as Category 2, for as long as such country re- mains classified as Category 2. (i) MINIMUM QUALIFICATIONS FOR MECHANICS AND OTHERS WORKING ON U.S. REGISTERED AIR- CRAFT.— (1) IN GENERAL.—Not later than 18 months after the date of enactment of this subsection, the Administrator shall require that, at each covered repair station— (A) all supervisory personnel of such sta- tion are appropriately certificated as a me- chanic or repairman under part 65 of title 14, Code of Federal Regulations, or under an equivalent certification or licensing regime, as determined by the Administrator; and (B) all personnel of such station author- ized to approve an article for return to serv- ice are appropriately certificated as a me- chanic or repairman under part 65 of such title, or under an equivalent certification or licensing regime, as determined by the Ad- ministrator. (2) AVAILABLE FOR CONSULTATION.—Not later than 18 months after the date of enactment of this subsection, the Administrator shall re- quire any individual who is responsible for ap- proving an article for return to service or who is directly in charge of heavy maintenance work performed on aircraft operated by a part 121 air carrier be available for consultation while work is being performed at a covered re- pair station. (j) DEFINITIONS.—In this section, the following definitions apply: (1) COVERED REPAIR STATION.—The term ‘‘covered repair station’’ means a facility that— (A) is located outside the United States; (B) is a part 145 repair station; and (C) performs heavy maintenance work on aircraft operated by a part 121 air carrier. (2) HEAVY MAINTENANCE WORK.—The term ‘‘heavy maintenance work’’ means a C-check, a D-check, or equivalent maintenance oper- ation with respect to the airframe of a trans- port-category aircraft (including on-wing air- craft engines). (3) 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 Regulations. (4) PART 145 REPAIR STATION.—The term ‘‘part 145 repair station’’ means a repair station that holds a certificate issued under part 145 of title 14, Code of Federal Regulations. (Added Pub. L. 112–95, title III, § 308(a), Feb. 14, 2012, 126 Stat. 62; amended Pub. L. 114–190, title II, § 2112(a), July 15, 2016, 130 Stat. 627; Pub. L. 118–63, title III, § 302(a)(1), (2), May 16, 2024, 138 Stat. 1067, 1069.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012. The date of enactment of the FAA Extension, Safety, and Security Act of 2016, referred to in subsec. (f)(1), is the date of enactment of Pub. L. 114–190, which was ap- proved July 15, 2016. The date of enactment of this subsection, referred to in subsec. (i), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024. AMENDMENTS 2024—Pub. L. 118–63, § 302(a)(1)(A), substituted ‘‘Over- sight’’ for ‘‘Inspection’’ in section catchline. Subsec. (a). Pub. L. 118–63, § 302(a)(1)(B), substituted ‘‘The Administrator’’ for ‘‘Not later than 1 year after the date of enactment of this section, the Adminis- trator’’ in introductory provisions. Subsec. (a)(3). Pub. L. 118–63, § 302(a)(2)(B), substituted ‘‘part 145 repair stations’’ for ‘‘covered part 145 repair stations’’. Subsec. (e). Pub. L. 118–63, § 302(a)(1)(C), inserted ‘‘, without prior notice to such repair stations,’’ after ‘‘annually’’ and ‘‘and the applicable laws of the country in which the repair station is located’’ after ‘‘inter- national agreements’’ and substituted ‘‘The Adminis- trator may carry out announced or unannounced in- spections in addition to the annual unannounced in- spection required under this subsection based on identi- fied risks and in a manner consistent with United States obligations under international agreements and the applicable laws of the country in which the part 145 repair station is located.’’ for ‘‘The Administrator may Page 1377 TITLE 49—TRANSPORTATION § 44735 carry out inspections in addition to the annual inspec- tion required under this subsection based on identified risks.’’ Subsecs. (g) to (i). Pub. L. 118–63, § 302(a)(1)(E), added subsecs. (g) to (i). Former subsec. (g) redesignated (j). Subsec. (j). Pub. L. 118–63, § 302(a)(1)(D), redesignated subsec. (g) as (j). Subsec. (j)(1). Pub. L. 118–63, § 302(a)(2)(A)(iii), added par. (1). Former par. (1) redesignated (2). Pub. L. 118–63, § 302(a)(2)(A)(i), substituted ‘‘aircraft (including on-wing aircraft engines)’’ for ‘‘aircraft’’. Subsec. (j)(2) to (4). Pub. L. 118–63, § 302(a)(2)(A)(ii), re- designated pars. (1) to (3) as (2) to (4), respectively. 2016—Subsec. (f). Pub. L. 114–190, § 2112(a)(2), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 114–190, § 2112(a)(3), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively. Pub. L. 114–190, § 2112(a)(1), redesignated subsec. (f) as (g). Statutory Notes and Related Subsidiaries RULEMAKING ON SECURITY THREAT ASSESSMENT Pub. L. 118–63, title III, § 302(b)(2), (3), May 16, 2024, 138 Stat. 1069, provided that: ‘‘(2) RULEMAKING ON ASSESSMENT REQUIREMENT.—With respect to any employee not covered under the require- ments of section 1554.101 of title 49, Code of Federal Regulations, the Administrator [of the Federal Avia- tion Administration] shall initiate a rulemaking (or re- quest that the head of another Federal agency initiate a rulemaking) that requires a covered repair station to confirm that any such employee has successfully com- pleted an assessment commensurate with a security threat assessment described in subpart C of part 1540 of such title. ‘‘(3) DEFINITION OF COVERED REPAIR STATION.—For pur- poses of this subsection, the term ‘covered repair sta- tion’ means a facility that— ‘‘(A) is located outside the United States; ‘‘(B) is certificated under part 145 of title 14, Code of Federal Regulations; and ‘‘(C) performs heavy maintenance work on aircraft (including on-wing aircraft engines), operated under part 121 of title 14, Code of Federal Regulations.’’ ALCOHOL AND CONTROLLED SUBSTANCES TESTING Pub. L. 118–63, title III, § 302(b)(1), May 16, 2024, 138 Stat. 1069, provided that: ‘‘Not later than 18 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Adminis- tration] shall issue a final rule carrying out the re- quirements of section 2112(b) of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190] (49 U.S.C. 44733 note).’’ Pub. L. 114–190, title II, § 2112(b), July 15, 2016, 130 Stat. 628, provided that: ‘‘The Administrator of the Federal Aviation Administration shall ensure that— ‘‘(1) not later than 90 days after the date of enact- ment of this Act [July 15, 2016], a notice of proposed rulemaking required pursuant to section 44733(d)(2) is published in the Federal Register; and ‘‘(2) not later than 1 year after the date on which the notice of proposed rulemaking is published in the Federal Register, the rulemaking is finalized.’’ BACKGROUND INVESTIGATIONS Pub. L. 114–190, title II, § 2112(c), July 15, 2016, 130 Stat. 628, provided that: ‘‘Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator shall ensure that each employee of a re- pair station certificated under part 145 of title 14, Code of Federal Regulations, who performs a safety-sensitive function on an air carrier aircraft has undergone a pre- employment background investigation sufficient to de- termine whether the individual presents a threat to aviation safety, in a manner that is— ‘‘(1) determined acceptable by the Administrator; ‘‘(2) consistent with the applicable laws of the coun- try in which the repair station is located; and ‘‘(3) consistent with the United States obligations under international agreements.’’ § 44734. Training of flight attendants (a) TRAINING REQUIRED.—In addition to other training required under this chapter, each air carrier shall provide to flight attendants em- ployed or contracted by such air carrier initial and annual training regarding— (1) serving alcohol to passengers; (2) recognizing intoxicated passengers; (3) dealing with disruptive passengers; and (4) recognizing and responding to potential human trafficking victims. (b) SITUATIONAL TRAINING.—In carrying out the training required under subsection (a), each air carrier shall provide to flight attendants sit- uational training on the proper method for deal- ing with intoxicated passengers who act in a bel- ligerent manner. (c) DEFINITIONS.—In this section, the following definitions apply: (1) AIR CARRIER.—The term ‘‘air carrier’’ means a person, including a commercial enter- prise, that has been issued an air carrier oper- ating certificate under section 44705. (2) FLIGHT ATTENDANT.—The term ‘‘flight at- tendant’’ has the meaning given that term in section 44728(g). (Added Pub. L. 112–95, title III, § 309(a), Feb. 14, 2012, 126 Stat. 64; amended Pub. L. 114–190, title II, § 2113, July 15, 2016, 130 Stat. 628.) Editorial Notes AMENDMENTS 2016—Subsec. (a)(4). Pub. L. 114–190 added par. (4). § 44735. Limitation on disclosure of safety infor- mation (a) IN GENERAL.—Except as provided by sub- section (c), a report, data, or other information described in subsection (b) shall not be disclosed to the public by the Administrator of the Fed- eral Aviation Administration pursuant to sec- tion 552(b)(3)(B) of title 5— (1) if the report, data, or other information is submitted to the Federal Aviation Adminis- tration voluntarily and is not required to be submitted to the Administrator under any other provision of law; (2) if the report, data, or other information is submitted to the Federal Aviation Adminis- tration pursuant to section 102(e) of the Air- craft Certification, Safety, and Accountability Act; or (3) if the report, data, or other information is submitted for any purpose relating to the development and implementation of a safety management system, including a system re- quired by regulation. (b) APPLICABILITY.—The limitation established by subsection (a) shall apply to the following: (1) Reports, data, or other information de- veloped under the Aviation Safety Action Pro- gram. (2) Reports, data, or other information pro- duced or collected under the Flight Oper- ational Quality Assurance Program.