Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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type: "LegalText"
title: "49 U.S.C. § 44702"
description: "Issuance of certificates"
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title_number: 49
title_name: "TRANSPORTATION"
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chapter_name: "SAFETY REGULATION"
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# 49 U.S.C. § 44702 - Issuance of certificates
## Text
(a) General Authority and Applications.— The Administrator of the Federal Aviation Administration may issue airman certificates, design organization certificates, type certificates, production certificates, airworthiness certificates, 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 requires; and
(2) be in the form, contain information, and be filed and served in the way the Administrator prescribes.
(b) Considerations.— When issuing a certificate 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 differences between air transportation and other air commerce.
(c) Prior Certification.— The Administrator may authorize an aircraft, aircraft engine, propeller, 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 without 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 delegation 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 reconsideration of the action by the Administrator. On the Administrators own initiative, the Administrator may reconsider the action of a private person at any time. If the Administrator decides on reconsideration that the action is unreasonable or unwarranted, the Administrator shall change, modify, or reverse the action. 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 Administrator may not delegate any finding of compliance with applicable airworthiness standards or review of any system safety assessment required for the issuance of a certificate, including a type certificate, or amended or supplemental type certificate, under section 44704, until the Administrator has reviewed and validated 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 feature (including a novel or unusual design feature) for which the failure of such feature, either independently or in combination with other failures, could result in catastrophic or hazardous failure conditions, as those terms are defined by the Administrator.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1186; Pub. L. 108176, title II, § 227(a), Dec. 12, 2003, 117 Stat. 2531; Pub. L. 116260, div. V, title I, § 106, Dec. 27, 2020, 134 Stat. 2320.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 44702(a)49 App.:1422(a) (1st10th words).Aug. 23, 1958, Pub. L. 85726, §§ 314 (less (a) (last sentence related to fees)), 601(b) (1st sentence related to issuing certificates, 2d sentence), 602(a) (1st8th words), 603(a)(1), (b), (c) (as § 603(a)(1), (b), (c) relate to issuing certificates), 604(a) (related to issuing certificates), 606 (last sentence), 607 (last sentence), 608, 72 Stat. 754, 775, 776, 777, 778, 779. 49 App.:1423(a)(1), (b), (c) (as 49 App.:1423(a)(1), (b), (c) relate to issuing certificates). 49 App.:1424(a) (related to issuing certificates). 49 App.:1426 (last sentence). 49 App.:1427 (last sentence). 49 App.:1428. 49 App.:1432(a) (related to issuing certificates).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 612(a) (related to issuing certificates); added May 21, 1970, Pub. L. 91258, § 51(b)(1), 84 Stat. 234; restated Sept. 3, 1982, Pub. L. 97248, § 525(a), 96 Stat. 697. 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97449, § 7(b), 96 Stat. 2444. 44702(b)49 App.:1421(b) (1st sentence related to issuing certificates). 49 App.:1655(c)(1). 44702(c)49 App.:1421(b) (2d sentence). 49 App.:1655(c)(1). 44702(d)49 App.:1355 (less (a) (last sentence related to fees)). 49 App.:1655(c)(1). In this section, the word “Administrator” in sections 601(b), 602(a), 603(a)(1), 604(a), 606 (last sentence), 607 (last sentence), and 608 of the Federal Aviation Act of 1958 (Public Law 85726, 72 Stat. 775, 776, 778, 779) is retained on authority of 49:106(g). In subsection (a), the reference to a type certificate and production certificate is added for clarity. In subsection (b)(1), before subclause (A), the word “full” is omitted as surplus. In clause (1)(A), the word “provide” is substituted for “perform” for consistency in the revised title. In subsection (d)(1), before clause (A), the words “In exercising the powers and duties vested in him by this chapter” and “properly” are omitted as surplus. The words “or employees” are omitted because of 1:1. The word “matter” is substituted for “work, business, or function” to eliminate unnecessary words. In clause (B), the words “in accordance with standards established by him” are omitted as surplus. In subsection (d)(2), the words “made by him” are omitted as surplus. In subsection (d)(3), the words “exercising delegated authority” and “with respect to the authority granted under subsection (a) of this section” are omitted as surplus. The words “at any time” are substituted for “either before or after it has become effective”, and the words “If the Administrator decides on reconsideration that the action is unreasonable or unwarranted” are substituted for “If, upon reconsideration by the Secretary of Transportation, it shall appear that the action in question is in any respect unjust or unwarranted”, to eliminate unnecessary words. The words “the action” are substituted for “the same accordingly”, and the words “If the Administrator decides the action is warranted, the Administrator shall affirm the action” are substituted for “otherwise, such action shall be affirmed”, for clarity. The text of 49 App.:1355(b) (proviso) is omitted as unnecessary because of 5:559 (last sentence).
Editorial Notes
Amendments2020—Subsec. (d)(4). Pub. L. 116260 added par. (4). 2003—Subsec. (a). Pub. L. 108176 inserted “design organization certificates,” after “airman certificates,” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2003 AmendmentPub. L. 108176, title II, § 227(a), Dec. 12, 2003, 117 Stat. 2531, provided that the amendment made by section 227(a) is effective on the last day of the 7-year period beginning on Dec. 12, 2003.
Development of Analytical Tools and Certification MethodsPub. L. 108176, title VII, § 706, Dec. 12, 2003, 117 Stat. 2582, provided that: “The Federal Aviation Administration shall conduct research to promote the development of analytical tools to improve existing certification methods and to reduce the overall costs for the certification of new products.”
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# 49 U.S.C. § 44707 - Examining and rating air agencies
## Text
The Administrator of the Federal Aviation Administration may examine and rate the following air agencies:
(1) civilian schools giving instruction in flying or repairing, altering, and maintaining aircraft, aircraft engines, propellers, and appliances, on the adequacy of instruction, the suitability and airworthiness of equipment, and the competency of instructors.
(2) repair stations and shops that repair, alter, and maintain aircraft, aircraft engines, propellers, and appliances, on the adequacy and suitability of the equipment, facilities, and materials for, and methods of, repair and overhaul, and the competency of the individuals doing the work or giving instruction in the work.
(3) other air agencies the Administrator decides are necessary in the public interest.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1190.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4470749 App.:1427 (1st sentence).Aug. 23, 1958, Pub. L. 85726, § 607 (1st sentence), 72 Stat. 779. 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97449, § 7(b), 96 Stat. 2444. In this section, the word “Administrator” in section 607 (1st sentence) of the Federal Aviation Act of 1958 (Public Law 85726, 72 Stat. 779) is retained on authority of 49:106(g). In clauses (1) and (2), the word “overhaul” is omitted as surplus. In clause (1), the words “course of” are omitted as surplus. In clause (3), the words “in his opinion” are omitted as surplus.
Statutory Notes and Related Subsidiaries
Aircraft Repair and Maintenance Advisory PanelPub. L. 106181, title VII, § 734, Apr. 5, 2000, 114 Stat. 170, provided that: “(a) Establishment of Panel.—The Administrator [of the Federal Aviation Administration]—“(1) shall establish an aircraft repair and maintenance advisory panel to review issues related to the use and oversight of aircraft and aviation component repair and maintenance facilities (in this section referred to as aircraft repair facilities) located within, or outside of, the United States; and “(2) may seek the advice of the panel on any issue related to methods to increase safety by improving the oversight of aircraft repair facilities. “(b) Membership.—The panel shall consist of—“(1) nine members appointed by the Administrator as follows:“(A) three representatives of labor organizations representing aviation mechanics; “(B) one representative of cargo air carriers; “(C) one representative of passenger air carriers; “(D) one representative of aircraft repair facilities; “(E) one representative of aircraft manufacturers; “(F) one representative of on-demand passenger air carriers and corporate aircraft operations; and “(G) one representative of regional passenger air carriers; “(2) one representative from the Department of Commerce, designated by the Secretary of Commerce; “(3) one representative from the Department of State, designated by the Secretary of State; and “(4) one representative from the Federal Aviation Administration, designated by the Administrator. “(c) Responsibilities.—The panel shall—“(1) determine the amount and type of work that is being performed by aircraft repair facilities located within, and outside of, the United States; and “(2) provide advice and counsel to the Secretary [of Transportation] with respect to the aircraft and aviation component repair work performed by aircraft repair facilities and air carriers, staffing needs, and any balance of trade or safety issues associated with that work. “(d) DOT To Request Information From Air Carriers and Repair Facilities.—“(1) Collection of information.—The Secretary, by regulation, shall require air carriers, foreign air carriers, domestic repair facilities, and foreign repair facilities to submit such information as the Secretary may require in order to assess balance of trade and safety issues with respect to work performed on aircraft used by air carriers, foreign air carriers, United States corporate operators, and foreign corporate operators. “(2) Drug and alcohol testing information.—Included in the information the Secretary requires under paragraph (1) shall be information on the existence and administration of employee drug and alcohol testing programs in place at the foreign repair facilities, if applicable. The Secretary, if necessary, shall work with the International Civil Aviation Organization to increase the number and improve the administration of employee drug and alcohol testing programs at the foreign repair facilities. “(3) Description of work done.—Included in the information the Secretary requires under paragraph (1) shall be information on the amount and type of work performed on aircraft registered in and outside of the United States. “(e) DOT To Facilitate Collection of Information About Aircraft Maintenance.—The Secretary shall facilitate the collection of information from the National Transportation Safety Board, the Federal Aviation Administration, and other appropriate agencies regarding maintenance performed by aircraft repair facilities. “(f) DOT To Make Information Available to Public.—The Secretary shall make any relevant information received under subsection (d) available to the public, consistent with the authority to withhold trade secrets or commercial, financial, and other proprietary information under section 552 of title 5, United States Code. “(g) Termination.—The panel established under subsection (a) shall terminate on the earlier of—“(1) the date that is 2 years after the date of the enactment of this Act [Apr. 5, 2000]; or “(2) December 31, 2001. “(h) Definitions.—The definitions contained in section 40102 of title 49, United States Code, shall apply to this section.”
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# 49 U.S.C. § 44708 - Inspecting and rating air navigation facilities
## Text
The Administrator of the Federal Aviation Administration may inspect, classify, and rate an air navigation facility available for the use of civil aircraft on the suitability of the facility for that use.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1190.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4470849 App.:1426 (1st sentence).Aug. 23, 1958, Pub. L. 85726, § 606 (1st sentence), 72 Stat. 779. 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97449, § 7(b), 96 Stat. 2444. The word “Administrator” in section 606 (1st sentence) of the Federal Aviation Act of 1958 (Public Law 85726, 72 Stat. 779) is retained on authority of 49:106(g).
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title: "49 U.S.C. § 44709"
description: "Amendments, modifications, suspensions, and revocations of certificates"
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title_number: 49
title_name: "TRANSPORTATION"
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# 49 U.S.C. § 44709 - Amendments, modifications, suspensions, and revocations of certificates
## Text
(a) Reinspection and Reexamination.— (1) In general.— The Administrator of the Federal Aviation Administration may reinspect at any time a civil aircraft, aircraft engine, propeller, appliance, design organization, production certificate holder, air navigation facility, or air agency, or reexamine an airman holding a certificate issued under section 44703 of this title.
(2) Notification of reexamination of airman.— Before taking any action to reexamine an airman under paragraph (1) the Administrator shall provide to the airman—
(A) a reasonable basis, described in detail, for requesting the reexamination; and
(B) any information gathered by the Federal Aviation Administration, that the Administrator determines is appropriate to provide, such as the scope and nature of the requested reexamination, that formed the basis for that justification.
(b) Actions of the Administrator.— The Administrator may issue an order amending, modifying, suspending, or revoking—
(1) any part of a certificate issued under this chapter if—
(A) the Administrator decides after conducting a reinspection, reexamination, or other investigation that safety in air commerce or air transportation and the public interest require that action; or
(B) the holder of the certificate has violated an aircraft noise or sonic boom standard or regulation prescribed under section 44715(a) of this title; and
(2) an airman certificate when the holder of the certificate is convicted of violating section 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j1(a)).
(c) Advice to Certificate Holders and Opportunity To Answer.— Before acting under subsection (b) of this section, the Administrator shall advise the holder of the certificate of the charges or other reasons on which the Administrator relies for the proposed action. Except in an emergency, the Administrator shall provide the holder an opportunity to answer the charges and be heard why the certificate should not be amended, modified, suspended, or revoked.
(d) Appeals.— (1) A person adversely affected by an order of the Administrator under this section may appeal the order to the National Transportation Safety Board. After notice and an opportunity for a hearing, the Board may amend, modify, or reverse the order when the Board finds—
(A) if the order was issued under subsection (b)(1)(A) of this section, that safety in air commerce or air transportation and the public interest do not require affirmation of the order; or
(B) if the order was issued under subsection (b)(1)(B) of this section—
(i) that control or abatement of aircraft noise or sonic boom and the public health and welfare do not require affirmation of the order; or
(ii) the order, as it is related to a violation of aircraft noise or sonic boom standards and regulations, is not consistent with safety in air commerce or air transportation.
(2) The Board may modify a suspension or revocation of a certificate to imposition of a civil penalty.
(3) When conducting a hearing under this subsection, the Board is not bound by findings of fact of the Administrator.
(e) Effectiveness of Orders Pending Appeal.— (1) In general.— When a person files an appeal with the Board under subsection (d), the order of the Administrator is stayed.
(2) Exception.— Notwithstanding paragraph (1), the order of the Administrator is effective immediately if the Administrator advises the Board that an emergency exists and safety in air commerce or air transportation requires the order to be effective immediately.
(3) Review of emergency order.— A person affected by the immediate effectiveness of the Administrators order under paragraph (2) may petition for a review by the Board, under procedures promulgated by the Board, of the Administrators determination that an emergency exists. Any such review shall be requested not later than 48 hours after the order is received by the person. If the Board finds that an emergency does not exist that requires the immediate application of the order in the interest of safety in air commerce or air transportation, the order shall be stayed, notwithstanding paragraph (2). The Board shall dispose of a review request under this paragraph not later than 5 days after the date on which the request is filed.
(4) Final disposition.— The Board shall make a final disposition of an appeal under subsection (d) not later than 60 days after the date on which the appeal is filed.
(f) Judicial Review.— A person substantially affected by an order of the Board under this section, or the Administrator when the Administrator decides that an order of the Board under this section will have a significant adverse impact on carrying out this part, may obtain judicial review of the order under section 46110 of this title. The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1190; Pub. L. 106181, title VII, § 716, Apr. 5, 2000, 114 Stat. 162; Pub. L. 108176, title II, § 227(c), Dec. 12, 2003, 117 Stat. 2532; Pub. L. 112153, § 2(c)(2), Aug. 3, 2012, 126 Stat. 1161; Pub. L. 115254, div. B, title III, § 393(a), Oct. 5, 2018, 132 Stat. 3325.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 44709(a)49 App.:1429(a) (1st sentence).Aug. 23, 1958, Pub. L. 85726, § 609(a) (1st7th sentences, 8thlast sentences less Administrator under title VII), 72 Stat. 779; Nov. 18, 1971, Pub. L. 92159, § 2(a), 85 Stat. 481; Nov. 27, 1971, Pub. L. 92174, § 6, 85 Stat. 492; Aug. 26, 1992, Pub. L. 102345, § 3(a)(1), 106 Stat. 925. 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97449, § 7(b), 96 Stat. 2444. 44709(b)49 App.:1429(a) (2d sentence). 49 App.:1429(b).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 609(b); added Nov. 18, 1971, Pub. L. 92159, § 2(a), 85 Stat. 481. 49 App.:1431(e) (words before 4th comma).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 611(e); added July 21, 1968, Pub. L. 90411, § 1, 82 Stat. 395; restated Oct. 27, 1972, Pub. L. 92574, § 7(b), 86 Stat. 1241. 49 App.:1655(c)(1). 44709(c)49 App.:1429(a) (3d sentence). 49 App.:1431(e) (words between 4th and 5th commas). 49 App.:1655(c)(1). 44709(d)(1)49 App.:1429(a) (4th sentence). 49 App.:1431(e) (words after 4th comma). 44709(d)(2)49 App.:1429(a) (6th sentence). 44709(d)(3)49 App.:1429(a) (5th sentence). 49 App.:1655(c)(1). 44709(e)49 App.:1429(a) (7th sentence). 49 App.:1655(c)(1). 44709(f)49 App.:1429(a) (8thlast sentences less Administrator under subch. VII). 49 App.:1655(c)(1). In this section, the word “Administrator” in section 609(a) of the Federal Aviation Act of 1958 (Public Law 85726, 72 Stat. 779) is retained on authority of 49:106(g). The words “modifying”, “modify”, and “modified” are omitted as surplus. In subsection (a), the words “airman holding a certificate issued under section 44703 of this title” are substituted for “civil airman” for clarity. In subsection (b)(1), before subclause (A), the words “certificate issued under this chapter” are substituted for “type certificate, production certificate, airworthiness certificate, airman certificate, air carrier operating certificate, air navigation facility certificate (including airport operating certificate), or air agency certificate” to eliminate unnecessary words. In subsection (b)(2), the words “in his discretion” and “regarding the use or operation of an aircraft” in 49 App.:1429(b) are omitted as surplus. In subsection (c), the words “cases of” in 49 App.:1429(a) are omitted as surplus. In subsection (d)(1), before clause (A), the word “adversely” is substituted for “whose certificate is” in 49 App.:1429(a), and the words “an opportunity for a” are added, for consistency in the revised title and with other titles of the United States Code. The words “of the FAA” in 49 App.:1431(e) are omitted as surplus. In subsection (d)(2), the words “consistent with this subsection” are omitted as surplus. In subsection (d)(3), the word “Administrator” is substituted for “Federal Aviation Administration” because of 49:106(b) and (g). In subsection (e), before clause (1), the words “the effectiveness of” are omitted as surplus.
Editorial Notes
Amendments2018—Subsec. (a). Pub. L. 115254 designated existing provisions as par. (1), inserted heading, and added par. (2). 2012—Subsec. (d)(3). Pub. L. 112153 struck out “but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law” after “Administrator”. 2003—Subsec. (a). Pub. L. 108176 inserted “design organization, production certificate holder,” after “appliance,”. 2000—Subsec. (e). Pub. L. 106181 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “When a person files an appeal with the Board under subsection (d) of the section, the order of the Administrator is stayed. However, if the Administrator advises the Board that an emergency exists and safety in air commerce or air transportation requires the order to be effective immediately— “(1) the order is effective; and “(2) the Board shall make a final disposition of the appeal not later than 60 days after the Administrator so advises the Board.”
Statutory Notes and Related Subsidiaries
Effective Date of 2003 AmendmentAmendment by Pub. L. 108176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108176, set out as a note under section 106 of this title.
Effective Date of 2000 AmendmentAmendment by Pub. L. 106181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106181, set out as a note under section 106 of this title.
Risk Model for Production Facility InspectionsPub. L. 11863, title III, § 314, May 16, 2024, 138 Stat. 1077, provided that: “(a) In General.—Not later than 12 months after the date of enactment of this Act [May 16, 2024], and periodically thereafter, the Administrator [of the Federal Aviation Administration] shall—“(1) conduct a review of the risk-based model used by certification management offices of the FAA [Federal Aviation Administration] to inform the frequency of aircraft manufacturing or production facility inspections; and “(2) update the model to ensure such model adequately accounts for risk at facilities during periods of increased production. “(b) Briefings.—Not later than 60 days after the date on which the review is completed under subsection (a), 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—“(1) the results of the review; “(2) any changes made to the risk-based model described in subsection (a); and “(3) how such changes would help improve the in-plant inspection process.”
@@ -0,0 +1,91 @@
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# 49 U.S.C. § 44710 - Revocations of airman certificates for controlled substance violations
## Text
(a) Definition.— In this section, “controlled substance” has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
(b) Revocation.— (1) The Administrator of the Federal Aviation Administration shall issue an order revoking an airman certificate issued an individual under section 44703 of this title after the individual is convicted, under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance), of an offense punishable by death or imprisonment for more than one year if the Administrator finds that—
(A) an aircraft was used to commit, or facilitate the commission of, the offense; and
(B) the individual served as an airman, or was on the aircraft, in connection with committing, or facilitating the commission of, the offense.
(2) The Administrator shall issue an order revoking an airman certificate issued an individual under section 44703 of this title if the Administrator finds that—
(A) the individual knowingly carried out an activity punishable, under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance), by death or imprisonment for more than one year;
(B) an aircraft was used to carry out or facilitate the activity; and
(C) the individual served as an airman, or was on the aircraft, in connection with carrying out, or facilitating the carrying out of, the activity.
(3) The Administrator has no authority under paragraph (1) of this subsection to review whether an airman violated a law of the United States or a State related to a controlled substance.
(c) Advice to Holders and Opportunity To Answer.— Before the Administrator revokes a certificate under subsection (b) of this section, the Administrator must—
(1) advise the holder of the certificate of the charges or reasons on which the Administrator relies for the proposed revocation; and
(2) provide the holder of the certificate an opportunity to answer the charges and be heard why the certificate should not be revoked.
(d) Appeals.— (1) An individual whose certificate is revoked by the Administrator under subsection (b) of this section may appeal the revocation order to the National Transportation Safety Board. The Board shall affirm or reverse the order after providing notice and an opportunity for a hearing on the record. When conducting the hearing, the Board is not bound by findings of fact of the Administrator.
(2) When an individual files an appeal with the Board under this subsection, the order of the Administrator revoking the certificate is stayed. However, if the Administrator advises the Board that safety in air transportation or air commerce requires the immediate effectiveness of the order—
(A) the order remains effective; and
(B) the Board shall make a final disposition of the appeal not later than 60 days after the Administrator so advises the Board.
(3) An individual substantially affected by an order of the Board under this subsection, or the Administrator when the Administrator decides that an order of the Board will have a significant adverse effect on carrying out this part, may obtain judicial review of the order under section 46110 of this title. The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.
(e) Acquittal.— (1) The Administrator may not revoke, and the Board may not affirm a revocation of, an airman certificate under subsection (b)(2) of this section on the basis of an activity described in subsection (b)(2)(A) if the holder of the certificate is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity.
(2) If the Administrator has revoked an airman certificate under this section because of an activity described in subsection (b)(2)(A) of this section, the Administrator shall reissue a certificate to the individual if—
(A) the individual otherwise satisfies the requirements for a certificate under section 44703 of this title; and
(B) (i) the individual subsequently is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity; or
(ii) the conviction on which a revocation under subsection (b)(1) of this section is based is reversed.
(f) Waivers.— The Administrator may waive the requirement of subsection (b) of this section that an airman certificate of an individual be revoked if—
(1) a law enforcement official of the United States Government or of a State requests a waiver; and
(2) the Administrator decides that the waiver will facilitate law enforcement efforts.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1191; Pub. L. 112153, § 2(c)(3), Aug. 3, 2012, 126 Stat. 1161.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 44710(a)49 App.:1429(c)(4).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 609(c)(1), (2), (4); added Oct. 19, 1984, Pub. L. 98499, § 2(a), 98 Stat. 2312, 2313. 44710(b)(1)49 App.:1429(c)(1) (1st sentence). 44710(b)(2)49 App.:1429(c)(2) (1st sentence). 44710(b)(3)49 App.:1429(c)(1) (last sentence). 44710(c)49 App.:1429(c)(3) (1st sentence).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 609(c)(3); added Oct. 19, 1984, Pub. L. 98499, § 2(a), 98 Stat. 2312; Aug. 26, 1992, Pub. L. 102345, § 3(b), 106 Stat. 926. 44710(d)49 App.:1429(c)(3) (2dlast sentences). 44710(e)(1)49 App.:1429(c)(2) (last sentence). 44710(e)(2)49 App.:1422(b)(2)(C).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 602(b)(2)(C); added Oct. 19, 1984, Pub. L. 98499, § 3, 98 Stat. 2313. 44710(f)49 App.:1429(c)(5).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 609(c)(5); added Nov. 18, 1988, Pub. L. 100690, § 7204(b), 102 Stat. 4425. In subsection (b)(1) and (2), before each clause (A), the words “of any person” are omitted as surplus. The words “issued . . . under section 44703 of this title” are added for clarity. In subsection (b)(1), the word “offense” is substituted for “crime” for consistency in the revised title and with other titles of the United States Code. In subsection (b)(2)(C), the words “in connection with carrying out, or facilitating the carrying out of, the activity” are substituted for “in connection with such activity or the facilitation of such activity” for consistency with the source provisions restated in paragraph (1)(B) of this subsection. In subsection (d)(1), the word “Administrator” is substituted for “Federal Aviation Administration” because of 49:106(b) and (g). In subsection (e)(1), the words “on appeal” and “contained” are omitted as surplus. In subsection (e)(2)(B)(i), the word “contained” is omitted as surplus. In subsection (e)(2)(B)(ii), the words “judgment of” are omitted as surplus.
Editorial Notes
Amendments2012—Subsec. (d)(1). Pub. L. 112153 struck out “but shall be bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law” after “findings of fact of the Administrator”.
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# 49 U.S.C. § 44711 - Prohibitions and exemption
## Text
(a) Prohibitions.— A person may not—
(1) operate a civil aircraft in air commerce without an airworthiness certificate in effect or in violation of a term of the certificate;
(2) serve in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce—
(A) without an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued; or
(B) in violation of a term of the certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 4470244716 of this title;
(3) employ for service related to civil aircraft used in air commerce an airman who does not have an airman certificate authorizing the airman to serve in the capacity for which the airman is employed;
(4) operate as an air carrier without an air carrier operating certificate or in violation of a term of the certificate;
(5) operate aircraft in air commerce in violation of a regulation prescribed or certificate issued under section 44701(a) or (b) or any of sections 4470244716 of this title;
(6) operate a seaplane or other aircraft of United States registry on the high seas in violation of a regulation under section 3 of the International Navigational Rules Act of 1977 (33 U.S.C. 1602);
(7) violate a term of an air agency, design organization certificate, or production certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 4470244716 of this title related to the holder of the certificate;
(8) operate an airport without an airport operating certificate required under section 44706 of this title or in violation of a term of the certificate;
(9) manufacture, deliver, sell, or offer for sale any aviation fuel or additive in violation of a regulation prescribed under section 44714 of this title;
(10) work as an aircraft dispatcher outside of a physical location designated as a dispatching center or flight following center of an air carrier, except as provided under section 44747; or
(11) violate section 44732 or any regulation issued thereunder.
(b) Exemption.— On terms the Administrator of the Federal Aviation Administration prescribes as being in the public interest, the Administrator may exempt a foreign aircraft and airmen serving on the aircraft from subsection (a) of this section. However, an exemption from observing air traffic regulations may not be granted.
(c) Prohibition on Employment of Convicted Counterfeit Part Traffickers.— No person subject to this chapter may knowingly employ anyone to perform a function related to the procurement, sale, production, or repair of a part or material, or the installation of a part into a civil aircraft, who has been convicted in a court of law of a violation of any Federal law relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented aviation part or material.
(d) Post-employment Restrictions for Inspectors and Engineers.— (1) Prohibition.— A person holding a certificate issued under part 21 or 119 of title 14, Code of Federal Regulations, may not knowingly employ, or make a contractual arrangement that permits, an individual to act as an agent or representative of such person in any matter before the Administration if the individual, in the preceding 2-year period—
(A) served as, or was responsible for oversight of—
(i) a flight standards inspector of the Administration; or
(ii) an employee of the Administration with responsibility for certification functions with respect to a holder of a certificate issued under section 44704(a); and
(B) had responsibility to inspect, or oversee inspection of, the operations of such person.
(2) Written and oral communications.— For purposes of paragraph (1), an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the Administration if the individual makes any written or oral communication on behalf of the certificate holder to the Administration (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as an individual covered under paragraph (1).
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1193; Pub. L. 103429, § 6(56), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 106181, title V, § 505(b), Apr. 5, 2000, 114 Stat. 136; Pub. L. 108176, title II, § 227(d), Dec. 12, 2003, 117 Stat. 2532; Pub. L. 11295, title III, §§ 307(b), 342(a), Feb. 14, 2012, 126 Stat. 61, 79; Pub. L. 116260, div. V, title I, § 111(b), Dec. 27, 2020, 134 Stat. 2330; Pub. L. 11863, title IV, § 420(a)(1), May 16, 2024, 138 Stat. 1164.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 44711(a)(1)49 App.:1430(a)(1).Aug. 23, 1958, Pub. L. 85726, § 610(a)(1)(5), (b), 72 Stat. 780. 44711(a)(2)49 App.:1430(a)(2). 44711(a)(3)49 App.:1430(a)(3). 44711(a)(4)49 App.:1430(a)(4). 44711(a)(5)49 App.:1430(a)(5). 44711(a)(6)49 App.:1430(a)(6).Aug. 23, 1958, Pub. L. 85726, § 610(a)(6), 72 Stat. 780; May 21, 1970, Pub. L. 91258, § 51(b)(3)(A), 84 Stat. 235. 44711(a)(7)49 App.:1430(a)(7).Aug. 23, 1958, Pub. L. 85726, § 610(a)(7), 72 Stat. 780; May 21, 1970, Pub. L. 91258, § 51(b)(3)(B), 84 Stat. 235; Dec. 31, 1970, Pub. L. 91604, § 11(b)(2), 84 Stat. 1705. 44711(a)(8)49 App.:1430(a)(8).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 610(a)(8); added May 21, 1970, Pub. L. 91258, § 51(b)(3)(C), 84 Stat. 235; Dec. 31, 1970, Pub. L. 91604, § 11(b)(2), 84 Stat. 1705; restated Sept. 3, 1982, Pub. L. 97248, § 525(d), 96 Stat. 697. 44711(a)(9)49 App.:1430(a)(9).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 610(a)(9); added Dec. 31, 1970, Pub. L. 91604, § 11(b)(2), 84 Stat. 1705; Nov. 9, 1977, Pub. L. 95163, § 15(b)(2), 91 Stat. 1283. 44711(b)49 App.:1430(b). 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97449, § 7(b), 96 Stat. 2444. In subsection (a)(1) and (7), the words “condition, or limitation” are omitted as being included in “term”. In subsection (a)(1), the words “without . . . in effect” are substituted for “for which there is not currently in effect an” to eliminate unnecessary words. In subsection (a)(2), (5), and (7), the word “rule” is omitted as being synonymous with “regulations”. In subsection (a)(2)(B), the word “prescribed” is added for consistency in the revised title and with other titles of the United States Code. In subsection (a)(5) and (7), the words “prescribed . . . issued” are added for consistency in the revised title and with other titles of the Code. In subsection (a)(5), the words “of the Secretary of Transportation” are omitted as surplus. In subsection (a)(6), the words “proclaimed by the President” are omitted as surplus. The words “section 3 of the International Navigational Rules Act of 1977 (33 U.S.C. 1602)” are substituted for “section 143 of title 33” because the section was part of the Act of October 11, 1951 (ch. 495, 65 Stat. 406), that was repealed by section 3 of the Act of September 24, 1963 (Public Law 88131, 77 Stat. 194), and replaced by 33:ch. 21. Chapter 21 was repealed by section 10 of the International Navigational Rules Act of 1977 (Public Law 9575, 91 Stat. 311) and replaced by 33:16011608. In subsection (a)(7), the words “holding . . . such certificate” are omitted because of the restatement. In subsection (a)(8), the words “by the Administrator” are omitted as surplus. In subsection (b), the word “Administrator” in section 610(b) of the Federal Aviation Act of 1958 (Public Law 85726, 72 Stat. 780) is retained on authority of 49:106(g). The words “to the extent, and . . . and conditions” and “by such airmen” are omitted as surplus.
Pub. L. 103429This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b) to correct erroneous cross-references.
Editorial Notes
Amendments2024—Subsec. (a)(10), (11). Pub. L. 11863 added par. (10) and redesignated former par. (10) as (11). 2020—Subsec. (d). Pub. L. 116260 amended subsec. (d) generally. Prior to amendment, subsec. (d) related to postemployment restrictions for flight standards inspectors. 2012—Subsec. (a)(10). Pub. L. 11295, § 307(b), added par. (10). Subsec. (d). Pub. L. 11295, § 342(a), added subsec. (d). 2003—Subsec. (a)(7). Pub. L. 108176 substituted “agency, design organization certificate,” for “agency”. 2000—Subsec. (c). Pub. L. 106181 added subsec. (c). 1994—Subsec. (a)(2)(B), (5), (7). Pub. L. 103429 inserted “any of sections” before “4470244716”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentPub. L. 11295, title III, § 342(b), Feb. 14, 2012, 126 Stat. 80, provided that: “The amendment made by subsection (a) [amending this section] shall not apply to an individual employed by a certificate holder as of the date of enactment of this Act [Feb. 14, 2012].”
Effective Date of 2003 AmendmentAmendment by Pub. L. 108176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108176, set out as a note under section 106 of this title.
Effective Date of 2000 AmendmentAmendment by Pub. L. 106181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106181, set out as a note under section 106 of this title.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103429 effective July 5, 1994, see section 9 of Pub. L. 103429, set out as a note under section 321 of this title.
RegulationsPub. L. 11863, title IV, § 420(a)(2), May 16, 2024, 138 Stat. 1164, provided that: “Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue regulations requiring persons to comply with section 44711(a)(10) of title 49, United States Code (as added by paragraph (1)).”
@@ -0,0 +1,95 @@
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# 49 U.S.C. § 44712 - Emergency locator transmitters
## Text
(a) Installation.— An emergency locator transmitter must be installed on a fixed-wing powered civil aircraft for use in air commerce.
(b) Nonapplication.— Prior to January 1, 2002, subsection (a) does not apply to—
(1) turbojet-powered aircraft;
(2) aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary of Transportation under subpart II of this part;
(3) aircraft when used in training operations conducted entirely within a 50 mile radius of the airport from which the training operations begin;
(4) aircraft when used in flight operations related to design and testing, the manufacture, preparation, and delivery of the aircraft, or the aerial application of a substance for an agricultural purpose;
(5) aircraft holding certificates from the Administrator of the Federal Aviation Administration for research and development;
(6) aircraft when used for showing compliance with regulations, crew training, exhibition, air racing, or market surveys; and
(7) aircraft equipped to carry only one individual.
(c) Nonapplication Beginning on January 1, 2002.— (1) In general.— Subject to paragraph (2), on and after January 1, 2002, subsection (a) does not apply to—
(A) aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary of Transportation under subpart II of this part;
(B) aircraft when used in training operations conducted entirely within a 50-mile radius of the airport from which the training operations begin;
(C) aircraft when used in flight operations related to the design and testing, manufacture, preparation, and delivery of aircraft;
(D) aircraft when used in research and development if the aircraft holds a certificate from the Administrator of the Federal Aviation Administration to carry out such research and development;
(E) aircraft when used in showing compliance with regulations, crew training, exhibition, air racing, or market surveys;
(F) aircraft when used in the aerial application of a substance for an agricultural purpose;
(G) aircraft with a maximum payload capacity of more than 18,000 pounds when used in air transportation; or
(H) aircraft equipped to carry only one individual.
(2) Delay in implementation.— The Administrator of the Federal Aviation Administration may continue to implement subsection (b) rather than subsection (c) for a period not to exceed 2 years after January 1, 2002, if the Administrator finds such action is necessary to promote—
(A) a safe and orderly transition to the operation of civil aircraft equipped with an emergency locator; or
(B) other safety objectives.
(d) Compliance.— An aircraft meets the requirement of subsection (a) if it is equipped with an emergency locator transmitter that transmits on the 121.5/243 megahertz frequency or the 406 megahertz frequency or with other equipment approved by the Secretary for meeting the requirement of subsection (a).
(e) Removal.— The Administrator shall prescribe regulations specifying the conditions under which an aircraft subject to subsection (a) of this section may operate when its emergency locator transmitter has been removed for inspection, repair, alteration, or replacement.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1194; Pub. L. 106181, title V, § 501(a), Apr. 5, 2000, 114 Stat. 131.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 44712(a)49 App.:1421(d)(1).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 601(d)(1); added Dec. 29, 1970, Pub. L. 91596, § 31, 84 Stat. 1619; restated Jan. 2, 1974, Pub. L. 93239, § 4, 87 Stat. 1048; Nov. 9, 1977, Pub. L. 95163, § 15(a)(1), 91 Stat. 1283. 44712(b)49 App.:1421(d)(2).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 601(d)(2); added Dec. 29, 1970, Pub. L. 91596, § 31, 84 Stat. 1619; restated Jan. 2, 1974, Pub. L. 93239, § 4, 87 Stat. 1048. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98443, § 3(e), 98 Stat. 1704. 44712(c)49 App.:1421(d)(3).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 601(d)(3); added Nov. 9, 1977, Pub. L. 95163, § 15(a)(2), 91 Stat. 1283. In subsection (a), the words “Except with respect to aircraft described in paragraph (2) of this subsection and except as provided in paragraph (3) of this subsection” are omitted as surplus. The words “minimum standards pursuant to this section shall include a requirement that”, the text of 49 App.:1421(d)(1)(A), and the words “after three years and six months following such date” are omitted as executed. In subsection (b), the word “used” is substituted for “engaged” for consistency. In clause (3), the word “training” is substituted for “local flight” for consistency. In clause (4), the words “chemicals and other” are omitted as surplus. In clause (5), the word “purposes” is omitted as surplus. In subsection (c), the words “prescribe regulations” are substituted for “shall issue regulations . . . as he prescribes in such regulations” to eliminate unnecessary words. The words “such limitations and” and “from such aircraft” are omitted as surplus.
Editorial Notes
Amendments2000—Subsec. (b). Pub. L. 106181, § 501(a)(1), substituted “Prior to January 1, 2002, subsection (a)” for “Subsection (a) of this section” in introductory provisions. Subsecs. (c) to (e). Pub. L. 106181, § 501(a)(2), (3), added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106181, set out as a note under section 106 of this title.
RegulationsPub. L. 106181, title V, § 501(b), Apr. 5, 2000, 114 Stat. 132, provided that: “The Secretary [of Transportation] shall issue regulations to carry out section 44712(c) of title 49, United States Code, as amended by this section, not later than January 1, 2001.”
Emergency Locator Transmitters on General Aviation AircraftPub. L. 11295, title III, § 347, Feb. 14, 2012, 126 Stat. 82, provided that: “(a) Inspection.—As part of the annual inspection of general aviation aircraft, the Administrator of the Federal Aviation Administration shall require a detailed inspection of each emergency locator transmitter (in this section referred to as an ELT) installed in general aviation aircraft operating in the United States to ensure that the ELT is mounted and retained in accordance with the manufacturers specifications. “(b) Mounting and Retention.—“(1) In general.—Not later than 90 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall determine if the ELT mounting requirements and retention tests specified by Technical Standard Orders C91a and C126 are adequate to assess retention capabilities in ELT designs. “(2) Revision.—Based on the determination under paragraph (1), the Administrator shall make any necessary revisions to the requirements and retention tests referred to in paragraph (1) to ensure that ELTs are properly retained in the event of an aircraft accident. “(c) Report.—Upon the completion of any revisions under subsection (b)(2), the Administrator shall submit a report on the implementation of this section to—“(1) the Committee on Commerce, Science, and Transportation of the Senate; and “(2) the Committee on Transportation and Infrastructure of the House of Representatives.”
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# 49 U.S.C. § 44713 - Inspection and maintenance
## Text
(a) General Equipment Requirements.— An air carrier shall make, or cause to be made, any inspection, repair, or maintenance of equipment used in air transportation as required by this part or regulations prescribed or orders issued by the Administrator of the Federal Aviation Administration under this part. A person operating, inspecting, repairing, or maintaining the equipment shall comply with those requirements, regulations, and orders.
(b) Duties of Inspectors.— The Administrator of the Federal Aviation Administration shall employ inspectors who shall—
(1) inspect aircraft, aircraft engines, propellers, and appliances designed for use in air transportation, during manufacture and when in use by an air carrier in air transportation, to enable the Administrator to decide whether the aircraft, aircraft engines, propellers, or appliances are in safe condition and maintained properly; and
(2) advise and cooperate with the air carrier during that inspection and maintenance.
(c) Unsafe Aircraft, Engines, Propellers, and Appliances.— When an inspector decides that an aircraft, aircraft engine, propeller, or appliance is not in condition for safe operation, the inspector shall notify the air carrier in the form and way prescribed by the Administrator of the Federal Aviation Administration. For 5 days after the carrier is notified, the aircraft, engine, propeller, or appliance may not be used in air transportation or in a way that endangers air transportation unless the Administrator or the inspector decides the aircraft, engine, propeller, or appliance is in condition for safe operation.
(d) Modifications in System.— (1) The Administrator of the Federal Aviation Administration shall make modifications in the system for processing forms for major repairs or alterations to fuel tanks and fuel systems of aircraft not used to provide air transportation that are necessary to make the system more effective in serving the needs of users of the system, including officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)). The modifications shall address at least each of the following deficiencies in, and abuses of, the existing system:
(A) the lack of a special identification feature to allow the forms to be distinguished easily from other major repair and alteration forms.
(B) the excessive period of time required to receive the forms at the Airmen and Aircraft Registry of the Administration.
(C) the backlog of forms waiting for processing at the Registry.
(D) the lack of ready access by law enforcement officials to information contained on the forms.
(2) The Administrator of the Federal Aviation Administration shall prescribe regulations to carry out paragraph (1) of this subsection and provide a written explanation of how the regulations address each of the deficiencies and abuses described in paragraph (1). In prescribing the regulations, the Administrator of the Federal Aviation Administration shall consult with the Administrator of Drug Enforcement, the Commissioner of U.S. Customs and Border Protection, other law enforcement officials of the United States Government, representatives of State and local law enforcement officials, representatives of the general aviation aircraft industry, representatives of users of general aviation aircraft, and other interested persons.
(e) Automated Surveillance Targeting Systems.— (1) In general.— The Administrator shall give high priority to developing and deploying a fully enhanced safety performance analysis system that includes automated surveillance to assist the Administrator in prioritizing and targeting surveillance and inspection activities of the Federal Aviation Administration.
(2) Deadlines for deployment.— (A) Initial phase.— The initial phase of the operational deployment of the system developed under this subsection shall begin not later than December 31, 1997.
(B) Final phase.— The final phase of field deployment of the system developed under this subsection shall begin not later than December 31, 1999. By that date, all principal operations and maintenance inspectors of the Administration, and appropriate supervisors and analysts of the Administration shall have been provided access to the necessary information and resources to carry out the system.
(3) Integration of information.— In developing the system under this section, the Administration shall consider the near-term integration of accident and incident data into the safety performance analysis system under this subsection.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1194; Pub. L. 104264, title IV, § 407(b), Oct. 9, 1996, 110 Stat. 3258; Pub. L. 114125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 44713(a)49 App.:1425(a).Aug. 23, 1958, Pub. L. 85726, § 605(a), (b), 72 Stat. 778. 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97449, § 7(b), 96 Stat. 2444. 44713(b)49 App.:1425(b) (1st sentence). 49 App.:1655(c)(1). 44713(c)49 App.:1425(b) (last sentence). 49 App.:1655(c)(1). 44713(d)(1)49 App.:1303 (note).Nov. 18, 1988, Pub. L. 100690, § 7214, 102 Stat. 4434. 49 App.:1425(c).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 605(c); added Nov. 18, 1988, Pub. L. 100690, § 7206(a), 102 Stat. 4426. 44713(d)(2)49 App.:1401 (note).Nov. 18, 1988, Pub. L. 100690, § 7207(a) (1st sentence), (b), 102 Stat. 4427. In subsections (a)(c), the word “Administrator” in section 605(a) and (b) of the Federal Aviation Act of 1958 (Public Law 85726, 72 Stat. 778) is retained on authority of 49:106(g). In subsection (a), the word “overhaul” is omitted as being included in “repair”. The word “prescribed” is added for consistency in the revised title and with other titles of the United States Code. The words “A person operating, inspecting, overhauling, or maintaining the equipment shall comply with those requirements, regulations, and orders” are substituted for 49 App.:1425(a) (last sentence) to eliminate unnecessary words. In subsection (b), before clause (1), the words “be charged with the duty . . . of” are omitted as surplus. In clause (1), the words “in use” are substituted for “used by an air carrier in air transportation” to eliminate unnecessary words. The words “as may be necessary” and “for operation in air transportation” are omitted as surplus. In subsection (c), the words “in the performance of his duty”, “used or intended to be used by any air carrier in air transportation”, and “a period of” are omitted as surplus. In subsection (d)(1), before clause (A), the words “not used to provide air transportation” are substituted for section 7214 of the Anti-Drug Abuse Act of 1988 (Public Law 100690, 102 Stat. 4434) because of the restatement. In subsection (d)(2), the words “Not later than September 18, 1989” and “final” are omitted as obsolete. The words “Administrator of Drug Enforcement” are substituted for “Drug Enforcement Administration of the Department of Justice” because of section 5(a) of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87 Stat. 1092). The words “Commissioner of Customs” are substituted for “United States Customs Service” because of 19:2071.
Editorial Notes
Amendments1996—Subsec. (e). Pub. L. 104264 added subsec. (e).
Statutory Notes and Related Subsidiaries
Change of Name “Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in subsec. (d)(2) on authority of section 802(d)(2) of Pub. L. 114125, set out as a note under section 211 of Title 6, Domestic Security.
Effective Date of 1996 AmendmentExcept as otherwise specifically provided, amendment by Pub. L. 104264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104264, set out as a note under section 106 of this title.
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
Maintenance ProvidersPub. L. 11295, title III, § 319, Feb. 14, 2012, 126 Stat. 69, provided that: “(a) Regulations.—Not later than 3 years after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall issue regulations requiring that covered work on an aircraft used to provide air transportation under part 121 of title 14, Code of Federal Regulations, be performed by persons in accordance with subsection (b). “(b) Persons Authorized To Perform Certain Work.—A person may perform covered work on aircraft used to provide air transportation under part 121 of title 14, Code of Federal Regulations, only if the person is employed by—“(1) a part 121 air carrier; “(2) a part 145 repair station or a person authorized under section 43.17 of title 14, Code of Federal Regulations (or any successor regulation); or “(3) subject to subsection (c), a person that—“(A) provides contract maintenance workers, services, or maintenance functions to a part 121 air carrier or part 145 repair station; and “(B) meets the requirements of the part 121 air carrier or the part 145 repair station, as appropriate. “(c) Terms and Conditions.—Covered work performed by a person who is employed by a person described in subsection (b)(3) shall be subject to the following terms and conditions:“(1) The applicable part 121 air carrier shall be directly in charge of the covered work being performed. “(2) The covered work shall be carried out in accordance with the part 121 air carriers maintenance manual. “(3) The person shall carry out the covered work under the supervision and control of the part 121 air carrier directly in charge of the covered work being performed on its aircraft. “(d) Definitions.—In this section, the following definitions apply:“(1) Covered work.—The term covered work means any of the following:“(A) Essential maintenance that could result in a failure, malfunction, or defect endangering the safe operation of an aircraft if not performed properly or if improper parts or materials are used. “(B) Regularly scheduled maintenance. “(C) A required inspection item (as defined by the Administrator). “(2) 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. “(3) 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. “(4) Person.—The term person means an individual, firm, partnership, corporation, company, or association that performs maintenance, preventative maintenance, or alterations.”
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# 49 U.S.C. § 44715 - Controlling aircraft noise and sonic boom
## Text
(a) Standards and Regulations.— (1) (A) To relieve and protect the public health and welfare from aircraft noise and sonic boom, the Administrator of the Federal Aviation Administration, as he deems necessary, shall prescribe—
(i) standards to measure aircraft noise and sonic boom; and
(ii) regulations to control and abate aircraft noise and sonic boom.
(B) The Administrator, as the Administrator deems appropriate, shall provide for the participation of a representative of the Environmental Protection Agency on such advisory committees or associated working groups that advise the Administrator on matters related to the environmental effects of aircraft and aircraft engines.
(2) The Administrator of the Federal Aviation Administration may prescribe standards and regulations under this subsection only after consulting with the Administrator of the Environmental Protection Agency. The standards and regulations shall be applied when issuing, amending, modifying, suspending, or revoking a certificate authorized under this chapter.
(3) An original type certificate may be issued under section 44704(a) of this title for an aircraft for which substantial noise abatement can be achieved only after the Administrator of the Federal Aviation Administration prescribes standards and regulations under this section that apply to that aircraft.
(b) Considerations and Consultation.— When prescribing a standard or regulation under this section, the Administrator of the Federal Aviation Administration shall—
(1) consider relevant information related to aircraft noise and sonic boom;
(2) consult with appropriate departments, agencies, and instrumentalities of the United States Government and State and interstate authorities;
(3) consider whether the standard or regulation is consistent with the highest degree of safety in air transportation or air commerce in the public interest;
(4) consider whether the standard or regulation is economically reasonable, technologically practicable, and appropriate for the applicable aircraft, aircraft engine, appliance, or certificate; and
(5) consider the extent to which the standard or regulation will carry out the purposes of this section.
(c) Proposed Regulations of Administrator of Environmental Protection Agency.— The Administrator of the Environmental Protection Agency shall submit to the Administrator of the Federal Aviation Administration proposed regulations to control and abate aircraft noise and sonic boom (including control and abatement through the use of the authority of the Administrator of the Federal Aviation Administration) that the Administrator of the Environmental Protection Agency considers necessary to protect the public health and welfare. The Administrator of the Federal Aviation Administration shall consider those proposed regulations and shall publish them in a notice of proposed regulations not later than 30 days after they are received. Not later than 60 days after publication, the Administrator of the Federal Aviation Administration shall begin a hearing at which interested persons are given an opportunity for oral and written presentations. Not later than 90 days after the hearing is completed and after consulting with the Administrator of the Environmental Protection Agency, the Administrator of the Federal Aviation Administration shall—
(1) prescribe regulations as provided by this section—
(A) substantially the same as the proposed regulations submitted by the Administrator of the Environmental Protection Agency; or
(B) that amend the proposed regulations; or
(2) publish in the Federal Register—
(A) a notice that no regulation is being prescribed in response to the proposed regulations of the Administrator of the Environmental Protection Agency;
(B) a detailed analysis of, and response to, all information the Administrator of the Environmental Protection Agency submitted with the proposed regulations; and
(C) a detailed explanation of why no regulation is being prescribed.
(d) Consultation and Reports.— (1) If the Administrator of the Environmental Protection Agency believes that the action of the Administrator of the Federal Aviation Administration under subsection (c)(1)(B) or (2) of this section does not protect the public health and welfare from aircraft noise or sonic boom, consistent with the considerations in subsection (b) of this section, the Administrator of the Environmental Protection Agency shall consult with the Administrator of the Federal Aviation Administration and may request a report on the advisability of prescribing the regulation as originally proposed. The request, including a detailed statement of the information on which the request is based, shall be published in the Federal Register.
(2) The Administrator of the Federal Aviation Administration shall report to the Administrator of the Environmental Protection Agency within the time, if any, specified in the request. However, the time specified must be at least 90 days after the date of the request. The report shall—
(A) be accompanied by a detailed statement of the findings of the Administrator of the Federal Aviation Administration and the reasons for the findings;
(B) identify any statement related to an action under subsection (c) of this section filed under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C));
(C) specify whether and where that statement is available for public inspection; and
(D) be published in the Federal Register unless the request proposes specific action by the Administrator of the Federal Aviation Administration and the report indicates that action will be taken.
(e) Supplemental Reports.— The Administrator of the Environmental Protection Agency may request the Administrator of the Federal Aviation Administration to file a supplemental report if the report under subsection (d) of this section indicates that the proposed regulations under subsection (c) of this section, for which a statement under section 102(2)(C) of the Act (42 U.S.C. 4332(2)(C)) is not required, should not be prescribed. The supplemental report shall be published in the Federal Register within the time the Administrator of the Environmental Protection Agency specifies. However, the time specified must be at least 90 days after the date of the request. The supplemental report shall contain a comparison of the environmental effects, including those that cannot be avoided, of the action of the Administrator of the Federal Aviation Administration and the proposed regulations of the Administrator of the Environmental Protection Agency.
(f) Exemptions.— An exemption from a standard or regulation prescribed under this section may be granted only if, before granting the exemption, the Administrator of the Federal Aviation Administration consults with the Administrator of the Environmental Protection Agency. However, if the Administrator of the Federal Aviation Administration finds that safety in air transportation or air commerce requires an exemption before the Administrator of the Environmental Protection Agency can be consulted, the exemption may be granted. The Administrator of the Federal Aviation Administration shall consult with the Administrator of the Environmental Protection Agency as soon as practicable after the exemption is granted.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1196; Pub. L. 104264, title IV, § 406(a), Oct. 9, 1996, 110 Stat. 3257.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 44715(a)(1), (2)49 App.:1431(a), (b)(1) (1st sentence).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 611(a), (b), (d); added July 21, 1968, Pub. L. 90411, § 1, 82 Stat. 395; restated Oct. 27, 1972, Pub. L. 92574, § 7(b), 86 Stat. 1239, 1241. 44715(a)(3)49 App.:1431(b)(2). 44715(b)49 App.:1431(d). 44715(c)49 App.:1431(c)(1).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 611(c); added July 21, 1968, Pub. L. 90411, § 1, 82 Stat. 395; restated Oct. 27, 1972, Pub. L. 92574, § 7(b), 86 Stat. 1240; Nov. 8, 1978, Pub. L. 95609, § 3, 92 Stat. 3080. 44715(d)49 App.:1431(c)(2). 44715(e)49 App.:1431(c)(3). 44715(f)49 App.:1431(b)(1) (last sentence). In subsection (a)(1), before clause (A), the text of 49 App.:1431(a) is omitted because the revised section identifies the appropriate Administrator each time the Administrator is mentioned. The words “present and future” and “and amend” are omitted as surplus. In clause (B), the words “as the FAA may find necessary to provide” are omitted as surplus. In subsection (a)(2), the word “only” is added for clarity. Subsection (a)(3) is substituted for 49 App.:1431(b)(2) to eliminate unnecessary words. In subsection (b), before clause (1), the words “and amending” are omitted as surplus. In clause (1), the words “available . . . including the results of research, development, testing, and evaluation activities conducted pursuant to this chapter and the Department of Transportation Act” are omitted as surplus. In clause (2), the words “departments, agencies, and instrumentalities of the United States Government and State and interstate authorities” are substituted for “Federal, State, and interstate agencies” for consistency in the revised title and with other titles of the United States Code. The words “as he deems” are omitted as surplus. In clauses (3) and (4), the word “proposed” is omitted as surplus. In clause (4), the word “applicable” is substituted for “particular type of . . . to which it will apply” to eliminate unnecessary words. In clause (5), the words “contribute to” are omitted as surplus. In subsection (c), before clause (1), the words “Not earlier than the date of submission of the report required by section 4906 of title 42” are omitted as executed. The words “regulatory . . . over air commerce or transportation or over aircraft or airport operations” and “submitted by the EPA under this paragraph” are omitted as surplus. The word “regulations” is substituted for “rulemaking” for consistency in the revised title. The words “after they are received” are substituted for “of the date of its submission to the FAA” to eliminate unnecessary words. The words “of data, views, and arguments” are omitted as surplus. In clause (1), the words “in accordance with subsection (b) of this section” are omitted because of the restatement. In clause (2)(B), the words “documentation or other” are omitted as surplus. In subsection (d)(1), the words “listed” and “the FAA to review, and . . . to EPA . . . by EPA” are omitted as surplus. In subsection (d)(2), before clause (A), the words “shall complete the review requested and” are omitted as surplus. In clause (B), the words “of the FAA” are omitted as surplus. In subsection (e), the words “actually taken . . . in response to EPAs proposed regulations” are omitted as surplus. In subsection (f), the words “under any provision of this chapter” and “that . . . be granted” are omitted as surplus. The words “the exemption may be granted” are added for clarity.
Editorial Notes
Amendments1996—Subsec. (a)(1). Pub. L. 104264, which in directing the general amendment of par. (1) inserted an additional subsec. (a) designation and heading identical to the existing subsec. heading as well as restating the text of par. (1), was executed by restating the text only to reflect the probable intent of Congress. Prior to amendment, par. (1) read as follows: “To relieve and protect the public health and welfare from aircraft noise and sonic boom, the Administrator of the Federal Aviation Administration shall prescribe— “(A) standards to measure aircraft noise and sonic boom; and “(B) regulations to control and abate aircraft noise and sonic boom.”
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentExcept as otherwise specifically provided, amendment by Pub. L. 104264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104264, set out as a note under section 106 of this title.
Hawaii Air Noise and Safety Task ForcePub. L. 11863, title III, § 364, May 16, 2024, 138 Stat. 1131, provided that: “(a) Participation.—To the extent acceptable to the State of Hawaii, the Administrator [of the Federal Aviation Administration] shall participate as a technical advisor in the air noise and safety task force established by State legislation in the State of Hawaii. “(b) Rulemaking.—Not later than 18 months after the date on which the task force described in subsection (a) delivers findings and consensus recommendations to the FAA [Federal Aviation Administration], the Administrator shall, consistent with maintaining the safety and efficiency of the national airspace system—“(1) issue an intent to proceed with a proposed rulemaking; “(2) take other action sufficient to carry out feasible, consensus recommendations; or “(3) issue a statement determining that no such rule or other action is warranted, including a detailed explanation of the rationale for such determination. “(c) Considerations.—In determining whether to proceed with a proposed rulemaking, guidance, or other action under subsection (b) and, if applicable, in developing the proposed rule, guidance, or carrying out the other action, the Administrator shall consider the findings and consensus recommendations of the task force described in subsection (a). “(d) Authorities.—In issuing the rule, guidance, or carrying out the other action described in subsection (b), the Administrator may take actions in the State of Hawaii to—“(1) provide commercial air tour operators with preferred routes, times, and minimum altitudes for the purpose of noise reduction, so long as such recommendations do not negatively impact safety conditions; “(2) provide commercial air tour operators with information regarding quiet aircraft technology; and “(3) establish a method for residents of the State of Hawaii to publicly report noise disruptions due to commercial air tours and for commercial air tour operators to respond to complaints. “(e) Rule of Construction.—Nothing in this section shall be construed as providing the Administrator with authority to ban commercial air tour flights in the State of Hawaii for the purposes of noise reduction. “(f) Definitions.—In this section:“(1) Commercial air tour.—The term commercial air tour has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations. “(2) Commercial air tour operator.—The term commercial air tour operator has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.”
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# 49 U.S.C. § 44716 - Collision avoidance systems
## Text
(a) Development and Certification.— The Administrator of the Federal Aviation Administration shall—
(1) complete the development of the collision avoidance system known as TCASII so that TCASII can operate under visual and instrument flight rules and can be upgraded to the performance standards applicable to the collision avoidance system known as TCASIII;
(2) develop and carry out a schedule for developing and certifying TCASII that will result in certification not later than June 30, 1989; and
(3) submit to Congress monthly reports on the progress being made in developing and certifying TCASII.
(b) Installation and Operation.— The Administrator shall require by regulation that, not later than 30 months after the date certification is made under subsection (a)(2) of this section, TCASII be installed and operated on each civil aircraft that has a maximum passenger capacity of at least 31 seats and is used to provide air transportation of passengers, including intrastate air transportation of passengers. The Administrator may extend the deadline in this subsection for not more than 2 years if the Administrator finds the extension is necessary to promote—
(1) a safe and orderly transition to the operation of a fleet of civil aircraft described in this subsection equipped with TCASII; or
(2) other safety objectives.
(c) Operational Evaluation.— Not later than December 30, 1990, the Administrator shall establish a one-year program to collect and assess safety and operational information from civil aircraft equipped with TCASII for the operational evaluation of TCASII. The Administrator shall encourage foreign air carriers that operate civil aircraft equipped with TCASII to participate in the program.
(d) Amending Schedule for Windshear Equipment.— The Administrator shall consider the feasibility and desirability of amending the schedule for installing airborne low-altitude windshear equipment to make the schedule compatible with the schedule for installing TCASII.
(e) Deadline for Development and Certification.— (1) The Administrator shall complete developing and certifying TCASIII as soon as possible.
(2) Necessary amounts may be appropriated from the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to carry out this subsection.
(f) Installing and Using Transponders.— The Administrator shall prescribe regulations requiring that, not later than December 30, 1990, operating transponders with automatic altitude reporting capability be installed and used for aircraft operating in designated terminal airspace where radar service is provided for separation of aircraft. The Administrator may provide for access to that airspace (except terminal control areas and airport radar service areas) by nonequipped aircraft if the Administrator finds the access will not interfere with the normal traffic flow.
(g) Cargo Collision Avoidance Systems.— (1) In general.— The Administrator shall require by regulation that, no later than December 31, 2002, collision avoidance equipment be installed on each cargo aircraft with a maximum certificated takeoff weight in excess of 15,000 kilograms.
(2) Extension of deadline.— The Administrator may extend the deadline established by paragraph (1) by not more than 2 years if the Administrator finds that the extension is needed to promote—
(A) a safe and orderly transition to the operation of a fleet of cargo aircraft equipped with collision avoidance equipment; or
(B) other safety or public interest objectives.
(3) Collision avoidance equipment defined.— In this subsection, the term “collision avoidance equipment” means equipment that provides protection from mid-air collisions using technology that provides—
(A) cockpit-based collision detection and conflict resolution guidance, including display of traffic; and
(B) a margin of safety of at least the same level as provided by the collision avoidance system known as TCASII.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1198; Pub. L. 106181, title V, § 502, Apr. 5, 2000, 114 Stat. 132.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 44716(a)49 App.:1421(f)(1).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 601(f); added Dec. 30, 1987, Pub. L. 100223, § 203(b), 101 Stat. 1518; Dec. 15, 1989, Pub. L. 101236, § 2, 103 Stat. 2060. 44716(b)49 App.:1421(f)(2), (4). 44716(c)49 App.:1421(f)(3). 44716(d)49 App.:1421(f)(5). 44716(e)49 App.:1421 (note).Dec. 30, 1987, Pub. L. 100223, § 203(d), 101 Stat. 1519. 44716(f)49 App.:1421(f)(6). In subsection (c), the words “In conducting the program” are omitted as surplus. In subsection (e)(1), the word “research” is omitted as included in “developing”. In subsection (e)(2), the words “established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502)” are added for consistency in the revised title. In subsection (f), the words “Not later than 6 months after December 30, 1987, the Administrator shall promulgate a final rule” and “Such final rule” are omitted as executed.
Editorial Notes
Amendments2000—Subsec. (g). Pub. L. 106181 added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106181, set out as a note under section 106 of this title.
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of reporting provisions in subsec. (a)(3) of this section, see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 8th item on page 138 of House Document No. 1037.
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# 49 U.S.C. § 44717 - Aging aircraft
## Text
(a) Inspections and Reviews.— The Administrator of the Federal Aviation Administration shall prescribe regulations that ensure the continuing airworthiness of aging aircraft. The regulations prescribed under subsection (a) of this section—
(1) at least shall require the Administrator to make inspections, and review the maintenance and other records, of each aircraft an air carrier uses to provide air transportation that the Administrator decides may be necessary to enable the Administrator to decide whether the aircraft is in safe condition and maintained properly for operation in air transportation;
(2) at least shall require an air carrier to demonstrate to the Administrator, as part of the inspection, that maintenance of the aircrafts age-sensitive parts and components has been adequate and timely enough to ensure the highest degree of safety;
(3) shall require the air carrier to make available to the Administrator the aircraft and any records about the aircraft that the Administrator requires to carry out a review; and
(4) shall establish procedures to be followed in carrying out an inspection.
(b) When and How Inspections and Reviews Shall Be Carried Out.— (1) Inspections and reviews required under subsection (a)(1) of this section shall be carried out as part of each heavy maintenance check of the aircraft conducted after the 14th year in which the aircraft has been in service.
(2) Inspections under subsection (a)(1) of this section shall be carried out as provided under section 44701(a)(2)(B) and (C) of this title.
(c) Aircraft Maintenance Safety Programs.— The Administrator shall establish—
(1) a program to verify that air carriers are maintaining their aircraft according to maintenance programs approved by the Administrator;
(2) a program—
(A) to provide inspectors and engineers of the Administration with training necessary to conduct auditing inspections of aircraft operated by air carriers for corrosion and metal fatigue; and
(B) to enhance participation of those inspectors and engineers in those inspections; and
(3) a program to ensure that air carriers demonstrate to the Administrator their commitment and technical competence to ensure the airworthiness of aircraft that the carriers operate.
(d) Foreign Air Transportation.— (1) The Administrator shall take all possible steps to encourage governments of foreign countries and relevant international organizations to develop standards and requirements for inspections and reviews that—
(A) will ensure the continuing airworthiness of aging aircraft used by foreign air carriers to provide foreign air transportation to and from the United States; and
(B) will provide passengers of those foreign air carriers with the same level of safety that will be provided passengers of air carriers by carrying out this section.
(2) Not later than September 30, 1994, the Administrator shall report to Congress on carrying out this subsection.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1199.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 44717(a)49 App.:1421 (note).Oct. 28, 1991, Pub. L. 102143, §§ 402(a), (b)(1), (c)(e), 405, 105 Stat. 951, 952. 44717(b)49 App.:1421 (note).Oct. 28, 1991, Pub. L. 102143, § 402(b)(2), (3), 105 Stat. 951. 44717(c)49 App.:1421 (note).Oct. 28, 1991, Pub. L. 102143, § 403, 105 Stat. 952. 44717(d)49 App.:1421 (note).Oct. 28, 1991, Pub. L. 102143, § 404, 105 Stat. 952. In subsections (a) and (c), before clause (1), the words “Not later than 180 days after the date of the enactment of this title” are omitted as obsolete. In subsection (a), before clause (1), the text of section 405 of the Department of Transportation and Related Agencies Appropriations Act, 1992 (Public Law 102143, 105 Stat. 952) is omitted as surplus because the complete name of the Administrator of the Federal Aviation Administration is used the first time the term appears in a section. The word “regulations” is substituted for “rule” because the terms are synonymous. In clauses (2)(4), the words “required by the rule” are omitted as surplus. In clause (2), the words “structure, skin, and other” are omitted as surplus. In clause (3), the words “inspection, maintenance, and other” are omitted as surplus. In subsection (c)(1), the word “Administrator” is substituted for “Federal Aviation Administration” for consistency in the revised title. In subsection (d)(1), before clause (A), the words “governments of foreign countries” are substituted for “foreign governments” for consistency in the revised title and with other titles of the United States Code.
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# 49 U.S.C. § 44719 - Standards for navigational aids
## Text
The Secretary of Transportation shall prescribe regulations on standards for installing navigational aids, including airport control towers. For each type of facility, the regulations shall consider at a minimum traffic density (number of aircraft operations without consideration of aircraft size), terrain and other obstacles to navigation, weather characteristics, passengers served, and potential aircraft operating efficiencies.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1201.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4471949 App.:1348 (note).Dec. 30, 1987, Pub. L. 100223, § 308, 101 Stat. 1526. The words “Not later than December 31, 1988” are omitted as obsolete.
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# 49 U.S.C. § 44720 - Meteorological services
## Text
(a) Recommendations.— The Administrator of the Federal Aviation Administration shall make recommendations to the Secretary of Commerce on providing meteorological services necessary for the safe and efficient movement of aircraft in air commerce. In providing the services, the Secretary shall cooperate with the Administrator and give complete consideration to those recommendations.
(b) Promoting Safety and Efficiency.— To promote safety and efficiency in air navigation to the highest possible degree, the Secretary shall—
(1) observe, measure, investigate, and study atmospheric phenomena, and maintain meteorological stations and offices, that are necessary or best suited for finding out in advance information about probable weather conditions;
(2) provide reports to the Administrator, to persons engaged in civil aeronautics that are designated by the Administrator, and to other persons designated by the Secretary in a way and with a frequency that best will result in safety in, and facilitating, air navigation;
(3) cooperate with persons engaged in air commerce in meteorological services, maintain reciprocal arrangements with those persons in carrying out this clause, and collect and distribute weather reports available from aircraft in flight;
(4) maintain and coordinate international exchanges of meteorological information required for the safety and efficiency of air navigation;
(5) in cooperation with other departments, agencies, and instrumentalities of the United States Government, meteorological services of foreign countries, and persons engaged in air commerce, participate in developing an international basic meteorological reporting network, including the establishment, operation, and maintenance of reporting stations on the high seas, in polar regions, and in foreign countries;
(6) coordinate meteorological requirements in the United States to maintain standard observations, to promote efficient use of facilities, and to avoid duplication of services unless the duplication tends to promote the safety and efficiency of air navigation; and
(7) promote and develop meteorological science and foster and support research projects in meteorology through the use of private and governmental research facilities and provide for publishing the results of the projects unless publication would not be in the public interest.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1201; Pub. L. 11863, title XI, § 1101(n), May 16, 2024, 138 Stat. 1414.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 44720(a)49 App.:1351.Aug. 23, 1958, Pub. L. 85726, §§ 310, 803, 72 Stat. 751, 783. 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97449, § 7(b), 96 Stat. 2444. 44720(b)49 App.:1463. 49 App.:1655(c)(1). In subsection (b), the title “Secretary” [of Commerce] is substituted for “Chief of the Weather Bureau” in section 803 of the Federal Aviation Act of 1958 (Public Law 85726, 72 Stat. 783) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318). Before clause (1), the words “In order” and “in addition to any other functions or duties pertaining to weather information for other purposes” are omitted as surplus. In clause (2), the words “forecasts, warnings, and advices” are omitted as being included in “reports”. In clause (3), the words “or employees thereof” and “establish and” are omitted as surplus. The words “with those persons” are added for clarity. In clause (5), the words “departments, agencies, and instrumentalities of the United States Government” are substituted for “governmental agencies of the United States” for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
Amendments2024—Subsec. (b)(2). Pub. L. 11863 substituted “the Administrator, to persons” for “the Administrator to persons” and “the Administrator, and to” for “the Administrator and to”.
Statutory Notes and Related Subsidiaries
ASOS/AWOS Service Report DashboardPub. L. 11863, title III, § 332, May 16, 2024, 138 Stat. 1089, provided that: “(a) In General.—The applicable Administrators shall work in collaboration to collect the real-time service status of all automated surface observation systems/automated weather observing systems (in this section referred to as ASOS/AWOS). “(b) Availability of Results.—“(1) In general.—In carrying out this section, the applicable Administrators shall make available on a publicly available website the following:“(A) The service status of all ASOS/AWOS. “(B) Information on any actions to repair or replace ASOS/AWOS that are out of service due to technical or weather-related events, including an estimated timeline to return the systems to service. “(C) A portal on such publicly available website for the public to report ASOS/AWOS outages. “(2) Data files.—The applicable Administrators shall make available the underlying data required under paragraph (1) for each ASOS/AWOS in a machine-readable format. “(c) Applicable Administrators.—In this section, the term applicable Administrators means—“(1) the Administrator of the FAA [Federal Aviation Administration]; and “(2) the Administrator of the National Oceanic and Atmospheric Administration.”
Providing Non-Federal Weather Observer Training to Airport PersonnelPub. L. 11863, title IV, § 419, May 16, 2024, 138 Stat. 1163, provided that: “The Administrator [of the Federal Aviation Administration] may take such actions as are necessary to provide training that is easily accessible and streamlined for airport personnel to become certified as non-Federal weather observers so that such personnel can manually provide weather observations in any case in which automated surface observing systems and automated weather observing systems experience outages and errors to ensure operational safety at airports.”
Improved Safety in Rural AreasPub. L. 115254, div. B, title III, § 322, Oct. 5, 2018, 132 Stat. 3270, as amended by Pub. L. 11863, title III, § 339(a), May 16, 2024, 138 Stat. 1093, provided that: “(a) In General.—The Administrator [of the Federal Aviation Administration] shall permit an air carrier operating pursuant to part 135 of title 14, Code of Federal Regulations—“(1) to operate under instrument flight rules (in this section referred to as IFR) to a destination in a noncontiguous State that has a published instrument approach but does not have a Meteorological Aerodrome Report (in this section referred to as METAR); and “(2) to conduct an instrument approach at such destination if—“(A) a current Area Forecast, supplemented by noncertified destination weather observations (such as weather cameras and other noncertified observations), is available, and, at the time of departure, the combination of the Area Forecast and noncertified observation indicates that weather is expected to be at or above approach minimums upon arrival; “(B) prior to commencing an approach, the air carrier has a means to communicate to the pilot of the aircraft whether the destination weather observation is either at or above minimums for the approach to be flown; and “(C) in the event the destination weather observation is below such minimums, a suitable alternate airport that has a METAR is specified in the IFR flight plan. “(b) Application Template.—“(1) In general.—The Administrator shall develop an application template with standardized, specific approval criteria to enable FAA [Federal Aviation Administration] inspectors to objectively evaluate the application of an air carrier to operate in the manner described in subsection (a). “(2) Requirements.—The template required under paragraph (1) shall include a place in such template for an air carrier to describe—“(A) how any non-certified human observations will be conducted; and “(B) how such observations will be communicated—“(i) to air carriers prior to dispatch; and “(ii) to pilots prior to approach. “(3) Response to application.—“(A) Timeline.—The Administrator shall ensure—“(i) that the Administrator has the ability to respond to an application of an air carrier not later than 30 days after receipt of such application; and “(ii) in the event the Administrator cannot respond within 30 days, that the Administrator informs the air carrier of the expected response time with respect to the application of the air carrier. “(B) Rejection.—In the event that the Administrator rejects an application of an air carrier, the Administrator shall inform the air carrier of the specific criteria that were the cause for rejection.” [Pub. L. 11863, title III, § 339(b), May 16, 2024, 138 Stat. 1094, provided that: “The amendments made by this section [amending section 322 of Pub. L. 115254, set out above] shall take effect on the date that is 12 months after the date of enactment of this Act [May 16, 2024].” ]
Terminal Aerodrome ForecastPub. L. 115254, div. B, title V, § 516, Oct. 5, 2018, 132 Stat. 3358, provided that: “(a) In General.—The Administrator [of the Federal Aviation Administration] shall permit a covered air carrier to operate to or from a location in a noncontiguous State without a Terminal Aerodrome Forecast or Meteorological Aerodrome Report if—“(1) such location is determined to be under visual meteorological conditions; “(2) a current Area Forecast, supplemented by other local weather observations or reports, is available; and “(3) an alternate airport that has an available Terminal Aerodrome Forecast and weather report is specified. “(b) Procedures.—A covered air carrier shall—“(1) have approved procedures for dispatch or release and enroute weather evaluation; and “(2) operate under instrument flight rules enroute to the destination. “(c) Limitation.—Without a written finding of necessity, based on objective and historical evidence of imminent threat to safety, the Administrator shall not promulgate any operation specification, policy, or guidance document pursuant to this section that is more restrictive than, or requires procedures that are not expressly stated in, the regulations. “(d) Covered Air Carrier Defined.—In this section, the term covered air carrier means an air carrier operating in a noncontiguous State under part 121 of title 14, Code of Federal Regulations.”
Automated Weather Observing Systems PolicyPub. L. 115254, div. B, title V, § 553, Oct. 5, 2018, 132 Stat. 3379, provided that: “(a) In General.—Not later than 18 months after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall—“(1) update automated weather observing systems standards to maximize the use of new technologies that promote the reduction of equipment or maintenance cost for non-Federal automated weather observing systems, including the use of remote monitoring and maintenance, unless demonstrated to be ineffective; “(2) review, and if necessary update, existing policies in accordance with the standards developed under paragraph (1); and “(3) establish a process under which appropriate onsite airport personnel or an aviation official may, with appropriate manufacturer training or alternative training as determined by the Administrator, be permitted to conduct the minimum triannual preventative maintenance checks under the advisory circular for non-Federal automated weather observing systems (AC 150/522016E) and any other similar, successor checks. “(b) Permission.—Permission to conduct the minimum triannual preventative maintenance checks described under subsection (a)(3) and any similar, successor checks shall not be withheld but for specific cause. “(c) Standards.—In updating the standards under subsection (a)(1), the Administrator shall—“(1) ensure the standards are performance-based; “(2) use risk analysis to determine the accuracy of the automated weather observing systems outputs required for pilots to perform safe aircraft operations; and “(3) provide a cost-benefit analysis to determine whether the benefits outweigh the cost for any requirement not directly related to safety. “(d) AIP Eligibility of AWOS Equipment.—“(1) In general.—Notwithstanding any other law, the Administrator is authorized to and shall waive any positive benefit-cost ratio requirement for automated weather-observing system equipment under subchapter I of chapter 471, of title 49, United States Code, if—“(A) the airport sponsor or State, as applicable, certifies that a grant for such automated weather observing systems equipment under that chapter will assist an applicable airport to respond to regional emergency needs, including medical, firefighting, and search and rescue needs; “(B) the Secretary determines, after consultation with the airport sponsor or State, as applicable, that the placement of automated weather-observing equipment at the airport will not cause unacceptable radio frequency congestion; and “(C) the other requirements under that chapter are met. “(2) Applicability to low population density states.—This subsection is applicable only to airports located in states with a population density, based on the most recent decennial census, of 50 or fewer persons per square mile. “(e) Report.—Not later than September 30, 2025, the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the implementation of the requirements under this section.”
Automated Surface Observation System StationsPub. L. 106181, title VII, § 728, Apr. 5, 2000, 114 Stat. 168, provided that: “The Administrator [of the Federal Aviation Administration] shall not terminate human weather observers for Automated Surface Observation System stations until— “(1) the Administrator determines that the system provides consistent reporting of changing meteorological conditions and notifies Congress in writing of that determination; and “(2) 60 days have passed since the report was transmitted to Congress.”
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# 49 U.S.C. § 44722 - Aircraft operations in winter conditions
## Text
The Administrator of the Federal Aviation Administration shall prescribe regulations requiring procedures to improve safety of aircraft operations during winter conditions. In deciding on the procedures to be required, the Administrator shall consider at least aircraft and air traffic control modifications, the availability of different types of deicing fluids (considering their efficacy and environmental limitations), the types of deicing equipment available, and the feasibility and desirability of establishing timeframes within which deicing must occur under certain types of inclement weather.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1202.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4472249:1421 (note).Oct. 31, 1992, Pub. L. 102581, § 124, 106 Stat. 4885. The words “Before November 1, 1992” are omitted as obsolete. The words “prescribe regulations requiring” are substituted for “require, by regulation”, and the words “other factors the Administrator considers appropriate” are substituted for “among other things”, for consistency in the revised title.
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# 49 U.S.C. § 44723 - Annual report
## Text
Not later than January 1 of each year, the Secretary of Transportation shall submit to Congress a comprehensive report on the safety enforcement activities of the Federal Aviation Administration during the fiscal year ending the prior September 30th. The report shall include—
(1) a comparison of end-of-year staffing levels by operations, maintenance, and avionics inspector categories to staffing goals and a statement on how staffing standards were applied to make allocations between air carrier and general aviation operations, maintenance, and avionics inspectors;
(2) schedules showing the range of inspector experience by various inspector work force categories, and the number of inspectors in each of the categories who are considered fully qualified;
(3) schedules showing the number and percentage of inspectors who have received mandatory training by individual course, and the number of inspectors by work force categories, who have received all mandatory training;
(4) a description of the criteria used to set annual work programs, an explanation of how these criteria differ from criteria used in the prior fiscal year and how the annual work programs ensure compliance with appropriate regulations and safe operating practices;
(5) a comparison of actual inspections performed during the fiscal year to the annual work programs by field location and, for any field location completing less than 80 percent of its planned number of inspections, an explanation of why annual work program plans were not met;
(6) a statement of the adequacy of Administration internal management controls available to ensure that field managers comply with Administration policies and procedures, including those on inspector priorities, district office coordination, minimum inspection standards, and inspection followup;
(7) the status of efforts made by the Administration to update inspector guidance documents and regulations to include technological, management, and structural changes taking place in the aviation industry, including a listing of the backlog of all proposed regulatory amendments;
(8) a list of the specific operational measures of effectiveness used to evaluate—
(A) the progress in meeting program objectives;
(B) the quality of program delivery; and
(C) the nature of emerging safety problems;
(9) a schedule showing the number of civil penalty cases closed during the 2 prior fiscal years, including the total initial and final penalties imposed, the total number of dollars collected, the range of dollar amounts collected, the average case processing time, and the range of case processing time;
(10) a schedule showing the number of enforcement actions taken (except civil penalties) during the 2 prior fiscal years, including the total number of violations cited, and the number of cited violation cases closed by certificate suspensions, certificate revocations, warnings, and no action taken; and
(11) schedules showing the safety record of the aviation industry during the fiscal year for air carriers and general aviation, including—
(A) the number of inspections performed when deficiencies were identified compared with inspections when no deficiencies were found;
(B) the frequency of safety deficiencies for each air carrier; and
(C) an analysis based on data of the general status of air carrier and general aviation compliance with aviation regulations.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1202.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4472349:308 (note).Dec. 22, 1987, Pub. L. 100202, § 317(a), 101 Stat. 1329380.  Sept. 30, 1988, Pub. L. 100457, § 317(a), 102 Stat. 2148. In clauses (4) and (7), the word “regulations” is substituted for “Federal regulations” for consistency in the revised title. In clause (5), the words “by field location” are substituted for “disaggregated to the field locations” for clarity. In clause (8), before subclause (A), the words “ best proxies standing between the ultimate goal of accident prevention and ongoing program activities” are omitted as surplus. In clause (9), the words “penalties imposed” are substituted for “assessments” for consistency in the revised title and with other titles of the United States Code. In clause (11)(C), the words “aviation regulations” are substituted for “Federal Aviation Regulations” for consistency in the revised title.
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 22nd item on page 132 and the 10th item on page 135 of House Document No. 1037.
@@ -0,0 +1,51 @@
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# 49 U.S.C. § 44724 - Manipulation of flight controls
## Text
(a) Prohibition.— No pilot in command of an aircraft may allow an individual who does not hold—
(1) a valid private pilots certificate issued by the Administrator of the Federal Aviation Administration under part 61 of title 14, Code of Federal Regulations; and
(2) the appropriate medical certificate issued by the Administrator under part 67 of such title,
to manipulate the controls of an aircraft if the pilot knows or should have known that the individual is attempting to set a record or engage in an aeronautical competition or aeronautical feat, as defined by the Administrator.
(b) Revocation of Airmen Certificates.— The Administrator shall issue an order revoking a certificate issued to an airman under section 44703 of this title if the Administrator finds that while acting as a pilot in command of an aircraft, the airman has permitted another individual to manipulate the controls of the aircraft in violation of subsection (a).
(c) Pilot in Command Defined.— In this section, the term “pilot in command” has the meaning given such term by section 1.1 of title 14, Code of Federal Regulations.
(Added Pub. L. 104264, title VI, § 602(a)(1), Oct. 9, 1996, 110 Stat. 3263.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateExcept as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
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# 49 U.S.C. § 44725 - Life-limited aircraft parts
## Text
(a) In General.— The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require the safe disposition of life-limited parts removed from an aircraft. The rulemaking proceeding shall ensure that the disposition deter installation on an aircraft of a life-limited part that has reached or exceeded its life limits.
(b) Safe Disposition.— For the purposes of this section, safe disposition includes any of the following methods:
(1) The part may be segregated under circumstances that preclude its installation on an aircraft.
(2) The part may be permanently marked to indicate its used life status.
(3) The part may be destroyed in any manner calculated to prevent reinstallation in an aircraft.
(4) The part may be marked, if practicable, to include the recordation of hours, cycles, or other airworthiness information. If the parts are marked with cycles or hours of usage, that information must be updated every time the part is removed from service or when the part is retired from service.
(5) Any other method approved by the Administrator.
(c) Deadlines.— In conducting the rulemaking proceeding under subsection (a), the Administrator shall—
(1) not later than 180 days after the date of the enactment of this section, issue a notice of proposed rulemaking; and
(2) not later than 180 days after the close of the comment period on the proposed rule, issue a final rule.
(d) Prior-Removed Life-Limited Parts.— No rule issued under subsection (a) shall require the marking of parts removed from aircraft before the effective date of the rules issued under subsection (a), nor shall any such rule forbid the installation of an otherwise airworthy life-limited part.
(Added Pub. L. 106181, title V, § 504(a), Apr. 5, 2000, 114 Stat. 134.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 106181, which was approved Apr. 5, 2000.
Statutory Notes and Related Subsidiaries
Effective DateSection applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
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# 49 U.S.C. § 44726 - Denial and revocation of certificate for counterfeit parts violations
## Text
(a) Denial of Certificate.— (1) In general.— Except as provided in paragraph (2) of this subsection and subsection (e)(2), the Administrator of the Federal Aviation Administration may not issue a certificate under this chapter to any person—
(A) convicted in a court of law of a violation of a law of the United States relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented aviation part or material;
(B) whose certificate is revoked under subsection (b); or
(C) subject to a controlling or ownership interest of an individual described in subparagraph (A) or (B).
(2) Exception.— Notwithstanding paragraph (1), the Administrator may issue a certificate under this chapter to a person described in paragraph (1) if issuance of the certificate will facilitate law enforcement efforts.
(b) Revocation of Certificate.— (1) In general.— Except as provided in subsections (f) and (g), the Administrator shall issue an order revoking a certificate issued under this chapter if the Administrator finds that the holder of the certificate or an individual who has a controlling or ownership interest in the holder—
(A) was convicted in a court of law of a violation of a law of the United States relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented aviation part or material; or
(B) knowingly, and with the intent to defraud, carried out or facilitated an activity punishable under a law described in paragraph (1)(A).
(2) No authority to review violation.— In carrying out paragraph (1), the Administrator may not review whether a person violated a law described in paragraph (1)(A).
(c) Notice Requirement.— Before the Administrator revokes a certificate under subsection (b), the Administrator shall—
(1) advise the holder of the certificate of the reason for the revocation; and
(2) provide the holder of the certificate an opportunity to be heard on why the certificate should not be revoked.
(d) Appeal.— The provisions of section 44710(d) apply to the appeal of a revocation order under subsection (b). For the purpose of applying that section to the appeal, “person” shall be substituted for “individual” each place it appears.
(e) Acquittal or Reversal.— (1) In general.— The Administrator may not revoke, and the National Transportation Safety Board may not affirm a revocation of, a certificate under subsection (b)(1)(B) if the holder of the certificate or the individual referred to in subsection (b)(1) is acquitted of all charges directly related to the violation.
(2) Reissuance.— The Administrator may reissue a certificate revoked under subsection (b) of this section to the former holder if—
(A) the former holder otherwise satisfies the requirements of this chapter for the certificate; and
(B) (i) the former holder or the individual referred to in subsection (b)(1), is acquitted of all charges related to the violation on which the revocation was based; or
(ii) the conviction of the former holder or such individual of the violation on which the revocation was based is reversed.
(f) Waiver.— The Administrator may waive revocation of a certificate under subsection (b) if—
(1) a law enforcement official of the United States Government requests a waiver; and
(2) the waiver will facilitate law enforcement efforts.
(g) Amendment of Certificate.— If the holder of a certificate issued under this chapter is other than an individual and the Administrator finds that—
(1) an individual who had a controlling or ownership interest in the holder committed a violation of a law for the violation of which a certificate may be revoked under this section or knowingly, and with intent to defraud, carried out or facilitated an activity punishable under such a law; and
(2) the holder satisfies the requirements for the certificate without regard to that individual,
then the Administrator may amend the certificate to impose a limitation that the certificate will not be valid if that individual has a controlling or ownership interest in the holder. A decision by the Administrator under this subsection is not reviewable by the Board.
(Added Pub. L. 106181, title V, § 505(a)(1), Apr. 5, 2000, 114 Stat. 134; amended Pub. L. 108176, title V, § 501, Dec. 12, 2003, 117 Stat. 2556.)
## Notes
Editorial Notes
Amendments2003—Subsec. (a)(1). Pub. L. 108176 struck out “or” at end of subpar. (A), added subpar. (B), and redesignated former subpar. (B) as (C) and substituted “described in subparagraph (A) or (B)” for “convicted of such a violation”.
Statutory Notes and Related Subsidiaries
Effective Date of 2003 AmendmentAmendment by Pub. L. 108176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108176, set out as a note under section 106 of this title.
Effective DateSection applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
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# 49 U.S.C. § 44727 - Runway safety areas
## Text
(a) Airports in Alaska.— An airport owner or operator in the State of Alaska shall not be required to reduce the length of a runway or declare the length of a runway to be less than the actual pavement length in order to meet standards of the Federal Aviation Administration applicable to runway safety areas.
(b) Study.— (1) In general.— The Secretary shall conduct a study of runways at airports in States other than Alaska to determine which airports are affected by standards of the Federal Aviation Administration applicable to runway safety areas and to assess how operations at those airports would be affected if the owner or operator of the airport is required to reduce the length of a runway or declare the length of a runway to be less than the actual pavement length in order to meet such standards.
(2) Report.— Not later than 9 months after the date of enactment of this section, the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the results of the study.
(Added Pub. L. 108176, title V, § 502(a), Dec. 12, 2003, 117 Stat. 2557.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 108176, which was approved Dec. 12, 2003.
Statutory Notes and Related Subsidiaries
Effective DateSection applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
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# 49 U.S.C. § 44728 - Flight attendant certification
## Text
(a) Certificate Required.— (1) In general.— No person may serve as a flight attendant aboard an aircraft of an air carrier unless that person holds a certificate of demonstrated proficiency from the Administrator of the Federal Aviation Administration. Upon the request of the Administrator or an authorized representative of the National Transportation Safety Board or another Federal agency, a person who holds such a certificate shall present the certificate for inspection within a reasonable period of time after the date of the request.
(2) Special rule for current flight attendants.— An individual serving as a flight attendant on the effective date of this section may continue to serve aboard an aircraft as a flight attendant until completion by that individual of the required recurrent or requalification training and subsequent certification under this section.
(3) Treatment of flight attendant after notification.— On the date that the Administrator is notified by an air carrier that an individual has the demonstrated proficiency to be a flight attendant, the individual shall be treated for purposes of this section as holding a certificate issued under the section.
(b) Issuance of Certificate.— The Administrator shall issue a certificate of demonstrated proficiency under this section to an individual after the Administrator is notified by the air carrier that the individual has successfully completed all the training requirements for flight attendants approved by the Administrator.
(c) Designation of Person To Determine Successful Completion of Training.— In accordance with part 183 of title 14, Code of Federal Regulations, the director of operations of an air carrier is designated to determine that an individual has successfully completed the training requirements approved by the Administrator for such individual to serve as a flight attendant.
(d) Specifications Relating to Certificates.— Each certificate issued under this section shall—
(1) be numbered and recorded by the Administrator;
(2) contain the name, address, and description of the individual to whom the certificate is issued;
(3) be similar in size and appearance to certificates issued to airmen;
(4) contain the airplane group for which the certificate is issued; and
(5) be issued not later than 120 days after the Administrator receives notification from the air carrier of demonstrated proficiency and, in the case of an individual serving as flight attendant on the effective date of this section, not later than 1 year after such effective date.
(e) Approval of Training Programs.— Air carrier flight attendant training programs shall be subject to approval by the Administrator. All flight attendant training programs approved by the Administrator in the 1-year period ending on the date of enactment of this section shall be treated as providing a demonstrated proficiency for purposes of meeting the certification requirements of this section.
(f) Minimum Language Skills.— (1) In general.— No person may serve as a flight attendant aboard an aircraft of an air carrier, unless that person has demonstrated to an individual qualified to determine proficiency the ability to read, speak, and write English well enough to—
(A) read material written in English and comprehend the information;
(B) speak and understand English sufficiently to provide direction to, and understand and answer questions from, English-speaking individuals;
(C) write incident reports and statements and log entries and statements; and
(D) carry out written and oral instructions regarding the proper performance of their duties.
(2) Foreign flights.— The requirements of paragraph (1) do not apply to a flight attendant serving solely between points outside the United States.
(g) Flight Attendant Defined.— In this section, the term “flight attendant” means an individual working as a flight attendant in the cabin of an aircraft that has 20 or more seats and is being used by an air carrier to provide air transportation.
(Added Pub. L. 108176, title VIII, § 814(a), Dec. 12, 2003, 117 Stat. 2590; amended Pub. L. 11295, title III, § 304(a), Feb. 14, 2012, 126 Stat. 58; Pub. L. 115254, div. B, title V, § 539(i), Oct. 5, 2018, 132 Stat. 3371; Pub. L. 11863, title XI, § 1101(p), May 16, 2024, 138 Stat. 1414.)
## Notes
Editorial Notes
References in TextFor effective date of this section, referred to in subsecs. (a)(2) and (d)(5), see Effective Date note below. The date of enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 108176, which was approved Dec. 12, 2003.
Amendments2024—Subsec. (c). Pub. L. 11863 substituted “Regulations,” for “Regulation,”. 2018—Subsec. (c). Pub. L. 115254, § 539(i)(1), substituted “title 14” for “chapter 14”. Subsec. (d)(3). Pub. L. 115254, § 539(i)(2), substituted “be” for “is”. 2012—Subsecs. (f), (g). Pub. L. 11295 added subsec. (f) and redesignated former subsec. (f) as (g).
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 108176, title VIII, § 814(c), Dec. 12, 2003, 117 Stat. 2592, provided that: “The amendments made by subsections (a) and (b) [enacting this section and amending the analysis to this chapter] shall take effect on the 365th day following the date of enactment of this Act [Dec. 12, 2003].”
FacilitationPub. L. 11295, title III, § 304(b), Feb. 14, 2012, 126 Stat. 58, provided that: “The Administrator of the Federal Aviation Administration shall work with air carriers to facilitate compliance with the requirements of section 44728(f) of title 49, United States Code (as amended by this section).”
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# 49 U.S.C. § 44729 - Age standards for pilots
## Text
(a) In General.— Subject to the limitation in subsection (c), a pilot may serve in multicrew covered operations described in subsection (b)(1) until attaining 65 years of age. Air carriers that employ pilots who serve in covered operations described in subsection (b)(2) may elect to implement an age restriction to prohibit employed pilots from serving in such covered operations after attaining 70 years of age by delivering written notice to the Administrator of the Federal Aviation Administration. Such election—
(1) shall take effect 1 year after the date of delivery of written notice of the election; and
(2) may not be terminated after the date on which such election takes effect by the air carrier.
(b) Covered Operations Defined.— In this section, the term “covered operations” means—
(1) operations under part 121 of title 14, Code of Federal Regulations; or
(2) operations by a person that—
(A) holds an air carrier certificate issued pursuant to part 119 of title 14, Code of Federal Regulations, to conduct operations under part 135 of such title;
(B) holds management specifications under subpart K of title 91 of title 14, Code of Federal Regulations; and
(C) performed an aggregate total of at least 75,000 turbojet operations in calendar year 2019 or any subsequent year.
(c) Limitation for International Flights.— (1) Applicability of icao standard.— A pilot who has attained 60 years of age may serve as pilot-in-command in covered operations between the United States and another country only if there is another pilot in the flight deck crew who has not yet attained 60 years of age.
(2) Sunset of limitation.— Paragraph (1) shall cease to be effective on such date as the Convention on International Civil Aviation provides that a pilot who has attained 60 years of age may serve as pilot-in-command in international commercial operations without regard to whether there is another pilot in the flight deck crew who has not attained age 60.
(d) Sunset of Age 60 Retirement Rule.— On and after the date of enactment of this section, section 121.383(c) of title 14, Code of Federal Regulations, shall cease to be effective.
(e) Applicability.— (1) Nonretroactivity.— No person who has attained 60 years of age before the date of enactment of this section may serve as a pilot for an air carrier engaged in covered operations unless—
(A) such person is in the employment of that air carrier in such operations on such date of enactment as a required flight deck crew member; or
(B) such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier.
(2) Protection for compliance.— An action taken in conformance with this section, taken in conformance with a regulation issued to carry out this section, or taken prior to the date of enactment of this section in conformance with section 121.383(c) of title 14, Code of Federal Regulations (as in effect before such date of enactment), may not serve as a basis for liability or relief in a proceeding, brought under any employment law or regulation, before any court or agency of the United States or of any State or locality.
(f) Amendments to Labor Agreements and Benefit Plans.— Any amendment to a labor agreement or benefit plan of an air carrier that is required to conform with the requirements of this section or a regulation issued to carry out this section, and is applicable to pilots represented for collective bargaining, shall be made by agreement of the air carrier and the designated bargaining representative of the pilots of the air carrier.
(g) Medical Standards and Records.— (1) Medical examinations and standards.— Except as provided by paragraph (2), a person serving as a pilot for an air carrier engaged in covered operations shall not be subject to different medical standards, or different, greater, or more frequent medical examinations, on account of age unless the Secretary determines (based on data received or studies published after the date of enactment of this section) that different medical standards, or different, greater, or more frequent medical examinations, are needed to ensure an adequate level of safety in flight.
(2) Duration of first-class medical certificate.— No person who has attained 60 years of age may serve as a pilot of an air carrier engaged in covered operations unless the person has a first-class medical certificate. Such a certificate shall expire on the last day of the 6-month period following the date of examination shown on the certificate.
(h) Safety.— (1) Training.— Each air carrier engaged in covered operations shall continue to use pilot training and qualification programs approved by the Federal Aviation Administration, with specific emphasis on initial and recurrent training and qualification of pilots who have attained 60 years of age, to ensure continued acceptable levels of pilot skill and judgment.
(2) GAO report.— Not later than 24 months after the date of enactment of this section, the Comptroller General 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 concerning the effect, if any, on aviation safety of the modification to pilot age standards made by subsection (a).
(Added Pub. L. 110135, § 2(a), Dec. 13, 2007, 121 Stat. 1450; amended Pub. L. 11295, title III, § 305, Feb. 14, 2012, 126 Stat. 58; Pub. L. 117328, div. Q, § 107(a), (b), Dec. 29, 2022, 136 Stat. 5257, 5258.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section and such date of enactment, referred to in subsecs. (d), (e), (g)(1) and (h)(2), is the date of enactment of Pub. L. 110135, which was approved Dec. 13, 2007.
Amendments2022—Subsec. (a). Pub. L. 117328, § 107(a), substituted “covered operations described in subsection (b)(1) until attaining 65 years of age. Air carriers that employ pilots who serve in covered operations described in subsection (b)(2) may elect to implement an age restriction to prohibit employed pilots from serving in such covered operations after attaining 70 years of age by delivering written notice to the Administrator of the Federal Aviation Administration. Such election—” and pars. (1) and (2) for “covered operations until attaining 65 years of age.” Subsec. (b). Pub. L. 117328, § 107(b), substituted “means—” and pars. (1) and (2) for “means operations under part 121 of title 14, Code of Federal Regulations.” 2012—Subsec. (h)(2), (3). Pub. L. 11295 redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “Not later than 6 months after the date of enactment of this section, and every 6 months thereafter, an air carrier engaged in covered operations shall evaluate the performance of each pilot of the air carrier who has attained 60 years of age through a line check of such pilot. Notwithstanding the preceding sentence, an air carrier shall not be required to conduct for a 6-month period a line check under this paragraph of a pilot serving as second-in-command if the pilot has undergone a regularly scheduled simulator evaluation during that period.”
Statutory Notes and Related Subsidiaries
Protection for CompliancePub. L. 117328, div. Q, § 107(c), Dec. 29, 2022, 136 Stat. 5258, provided that: “An action or election taken in conformance with the amendments made by this section [amending this section], or taken in conformance with a regulation issued to carry out the amendments made by this section, may not serve as a basis for liability or relief in a proceeding brought under any employment law or regulation before any court or agency of the United States or of any State or locality.”
@@ -0,0 +1,105 @@
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# 49 U.S.C. § 44730 - Helicopter air ambulance operations
## Text
(a) Compliance Regulations.— (1) In general.— Except as provided in paragraph (2), a part 135 certificate holder providing air ambulance services shall comply, whenever medical personnel are onboard the aircraft, with regulations pertaining to weather minimums and flight and duty time under part 135.
(2) Exception.— If a certificate holder described in paragraph (1) is operating, or carrying out training, under instrument flight rules, the weather reporting requirement at the destination shall not apply if authorized by the Administrator of the Federal Aviation Administration.
(b) Final Rule.— Not later than June 1, 2012, the Administrator shall issue a final rule, with respect to the notice of proposed rulemaking published in the Federal Register on October 12, 2010 (75 Fed. Reg. 62640), to improve the safety of flight crewmembers, medical personnel, and passengers onboard helicopters providing air ambulance services under part 135.
(c) Matters To Be Addressed.— In conducting the rulemaking proceeding under subsection (b), the Administrator shall consider, or address through other means, the following:
(1) Flight request and dispatch procedures, including performance-based flight dispatch procedures.
(2) Pilot training standards, including establishment of training standards in—
(A) preventing controlled flight into terrain; and
(B) recovery from inadvertent flight into instrument meteorological conditions.
(3) Safety-enhancing technology and equipment, including—
(A) helicopter terrain awareness and warning systems;
(B) radar altimeters; and
(C) devices that perform the function of flight data recorders and cockpit voice recorders, to the extent feasible.
(4) Such other matters as the Administrator considers appropriate.
(d) Minimum Requirements.— In issuing a final rule under subsection (b), the Administrator, at a minimum, shall consider, or address through other means, the following:
(1) Flight risk evaluation program.— The Administrator shall ensure that a part 135 certificate holder providing helicopter air ambulance services—
(A) establishes a flight risk evaluation program, based on FAA Notice 8000.301 issued by the Administration on August 1, 2005, including any updates thereto;
(B) as part of the flight risk evaluation program, develops a checklist for use by pilots in determining whether a flight request should be accepted; and
(C) requires the pilots of the certificate holder to use the checklist.
(2) Operational control center.— The Administrator shall ensure that a part 135 certificate holder providing helicopter air ambulance services using 10 or more helicopters has an operational control center that meets such requirements as the Administrator may prescribe.
(e) Subsequent Actions.— (1) In general.— Upon completion of the rulemaking required under subsection (b), the Administrator shall address through a follow-on rulemaking, or through such other means that the Administrator considers appropriate, the following:
(A) Pilot training standards, including—
(i) mandatory training requirements, including a minimum time for completing the training requirements;
(ii) training subject areas, such as communications procedures and appropriate technology use; and
(iii) establishment of training standards in—
(I) crew resource management;
(II) flight risk evaluation;
(III) operational control of the pilot in command; and
(IV) use of flight simulation training devices and line-oriented flight training.
(B) Use of safety equipment that should be worn or used by flight crewmembers and medical personnel on a flight, including the possible use of shoulder harnesses, helmets, seatbelts, and fire resistant clothing to enhance crash survivability.
(2) Limitation on construction.— Nothing in this subsection shall be construed to require the Administrator to propose or finalize any rule that would derogate or supersede the rule required to be finalized under subsection (b).
(f) Definitions.— In this section, the following definitions apply:
(1) Part 135.— The term “part 135” means part 135 of title 14, Code of Federal Regulations.
(2) Part 135 certificate holder.— The term “part 135 certificate holder” means a person holding an operating certificate issued under part 119 of title 14, Code of Federal Regulations, that is authorized to conduct civil helicopter air ambulance operations under part 135.
(Added Pub. L. 11295, title III, § 306(a), Feb. 14, 2012, 126 Stat. 58; amended Pub. L. 11863, title III, § 301(a), May 16, 2024, 138 Stat. 1066.)
## Notes
Editorial Notes
Amendments2024—Subsec. (a)(1). Pub. L. 11863, § 301(a)(1), struck out “not later than 180 days after the date of enactment of this section,” after “paragraph (2),”. Subsec. (c). Pub. L. 11863, § 301(a)(2), substituted “consider, or address through other means, the following” for “address the following” in introductory provisions. Subsec. (d). Pub. L. 11863, § 301(a)(3), substituted “consider, or address through other means, the following” for “provide for the following” in introductory provisions. Subsec. (e). Pub. L. 11863, § 301(a)(4)(A), substituted “Subsequent Actions” for “Subsequent Rulemaking” in heading. Subsec. (e)(1). Pub. L. 11863, § 301(a)(4)(B), substituted “shall address through a follow-on rulemaking, or through such other means that the Administrator considers appropriate, the following:” for “shall conduct a follow-on rulemaking to address the following:” in introductory provisions. Subsec. (e)(2), (3). Pub. L. 11863, § 301(a)(4)(C), (D), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “Not later than 180 days after the date of issuance of a final rule under subsection (b), the Administrator shall initiate the rulemaking under this subsection.”
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# 49 U.S.C. § 44731 - Collection of data on helicopter air ambulance operations
## Text
(a) In General.— The Administrator of the Federal Aviation Administration shall require a part 135 certificate holder providing helicopter air ambulance services to submit to the Administrator, annually, a report containing, at a minimum, the following data:
(1) The number of helicopters that the certificate holder uses to provide helicopter air ambulance services and the base locations of the helicopters.
(2) The number of hours flown by the helicopters operated by the certificate holder.
(3) The number of patients transported and the number of patient transport requests for a helicopter providing air ambulance services that were accepted or declined by the certificate holder and the type of each such flight request (such as scene response, interfacility transport, or organ transport).
(4) The number of accidents, if any, involving helicopters operated by the certificate holder while providing air ambulance services and a description of the accidents.
(5) The number of hours flown under instrument flight rules by helicopters operated by the certificate holder.
(6) The number of hours flown at night by helicopters operated by the certificate holder.
(7) The number of incidents, if any, in which a helicopter was not directly dispatched and arrived to transport patients but was not utilized for patient transport.
(b) Reporting Period.— Data contained in a report submitted by a part 135 certificate holder under subsection (a) shall relate to such reporting period as the Administrator determines appropriate.
(c) Database.— Not later than 180 days after the date of enactment of this section, the Administrator shall develop a method to collect and store the data collected under subsection (a), including a method to protect the confidentiality of any trade secret or proprietary information provided in response to this section.
(d) Implementation.— In carrying out this section, the Administrator, in collaboration with part 135 certificate holders providing helicopter air ambulance services, shall—
(1) propose and develop a method to collect and store the data submitted under subsection (a), including a method to protect the confidentiality of any trade secret or proprietary information submitted;
(2) make publicly available, in part or in whole, on a website of the Federal Aviation Administration, the database developed pursuant to subsection (c); and
(3) analyze the data submitted under subsection (a) periodically and use such data to inform efforts to improve the safety of helicopter air ambulance operations.
(e) Definitions.— In this section, the terms “part 135” and “part 135 certificate holder” have the meanings given such terms in section 44730.
(Added Pub. L. 11295, title III, § 306(a), Feb. 14, 2012, 126 Stat. 60; amended Pub. L. 115254, div. B, title III, § 314(d), Oct. 5, 2018, 132 Stat. 3266; Pub. L. 11863, title III, § 301(c), May 16, 2024, 138 Stat. 1066.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 11295, which was approved Feb. 14, 2012.
Amendments2024—Subsec. (d). Pub. L. 11863, § 301(c)(1), (3), redesignated subsec. (e) as (d) and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: “The Administrator shall submit annually 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 containing a summary of the data collected under subsection (a). The report shall include the number of accidents experienced by helicopter air ambulance operations, the number of fatal accidents experienced by helicopter air ambulance operations, and the rate, per 100,000 flight hours, of accidents and fatal accidents experienced by operators providing helicopter air ambulance services.” Subsec. (e). Pub. L. 11863, § 301(c)(3), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d). Subsec. (e)(2), (3). Pub. L. 11863, § 301(c)(2), added pars. (2) and (3) and struck out former par. (2) which read as follows: “ensure that the database under subsection (c) and the report under subsection (d) include data and analysis that will best inform efforts to improve the safety of helicopter air ambulance operations.” Subsec. (f). Pub. L. 11863, § 301(c)(3), redesignated subsec. (f) as (e). 2018—Subsec. (a). Pub. L. 115254, § 314(d)(1)(A), substituted “annually” for “not later than 1 year after the date of enactment of this section, and annually thereafter” in introductory provisions. Subsec. (a)(2). Pub. L. 115254, § 314(d)(1)(B), substituted “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. 115254, § 314(d)(1)(C), substituted “of patients transported and the number of patient 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. 115254, § 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. 115254, § 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 helicopters operated by the certificate holder while providing air ambulance services.” Subsec. (d). Pub. L. 115254, § 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 include the number of accidents experienced by helicopter air ambulance operations, the number of fatal accidents experienced by helicopter air ambulance operations, and the rate, per 100,000 flight hours, of accidents and fatal accidents experienced by operators providing helicopter air ambulance services.” Subsecs. (e), (f). Pub. L. 115254, § 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 ReportsPub. L. 115254, 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 Administrator [of the Federal Aviation Administration], in collaboration with helicopter air ambulance industry stakeholders, shall assess the availability of information to the general public related to the location of heliports 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 information 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 helicopters 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 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 assessment, including any recommendations on how to make information related to the location of heliports 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 Congress a report on such action.”
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# 49 U.S.C. § 44732 - Prohibition on personal use of electronic devices on flight deck
## Text
(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 crewmembers 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 communications device or laptop computer for a purpose directly related to operation of the aircraft, or for emergency, safety-related, or employment-related communications, in accordance with procedures established by the air carrier and the Administrator of the Federal Aviation 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 enforce compliance with this section under section 44709 by amending, modifying, suspending, or revoking a certificate under this chapter.
(d) Personal Wireless Communications Device Defined.— In this section, the term “personal wireless communications device” means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted.
(Added Pub. L. 11295, title III, § 307(a), Feb. 14, 2012, 126 Stat. 61.)
## Notes
Statutory Notes and Related Subsidiaries
RegulationsPub. L. 11295, 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 Administrator of the Federal Aviation Administration shall initiate 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 enactment of this Act.”
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# 49 U.S.C. § 44733 - Oversight of repair stations located outside the United States
## Text
(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 outside the United States are subject to appropriate inspections based on identified risks and consistent with existing United States requirements;
(2) consider inspection results and findings submitted by foreign civil aviation authorities operating under a maintenance safety or maintenance implementation agreement with the United States; and
(3) require all maintenance safety or maintenance implementation agreements to provide an opportunity for the Administration to conduct 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 Transportation and Infrastructure of the House of Representatives not later than 30 days after initiating formal negotiations with foreign aviation authorities or other appropriate foreign government agencies on a new maintenance safety or maintenance implementation agreement.
(c) Annual Report.— The Administrator shall publish an annual report on the Administrations 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 Administrations 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 inspectors; and
(4) include an assessment of the quality of monitoring and surveillance by the Administration of work performed by its inspectors and the inspectors of foreign authorities operating under a maintenance safety or maintenance implementation agreement.
(d) Alcohol and Controlled Substances Testing Program Requirements.— (1) In general.— The Secretary of State and the Secretary of Transportation, acting jointly, shall request the governments of foreign countries that are members of the International Civil Aviation Organization to establish international standards for alcohol and controlled substances testing of persons that perform safety-sensitive maintenance functions on commercial air carrier aircraft.
(2) Application to part 121 aircraft work.— Not later than 1 year after the date of enactment 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 program determined acceptable by the Administrator 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 annually, without prior notice to such repair stations, by Federal Aviation Administration safety inspectors, without regard to where the station is located, in a manner consistent with United States obligations under international agreements and the applicable laws of the country in which the repair station is located. The Administrator may carry out announced or unannounced inspections in addition to the annual unannounced inspection required under this subsection based on identified 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.
(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 Administrator shall take measures to ensure that the safety assessment system established under subsection (a)—
(A) places particular consideration on inspections 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 seriousness of any corrective actions that part 121 air carriers must implement to aircraft following such work at such repair stations.
(2) International agreements.— The Administrator shall take the measures required under paragraph (1)—
(A) in accordance with United States obligations under applicable international agreements; and
(B) in a manner consistent with the applicable 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 operated 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 maintenance work on aircraft was performed outside 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 engine for return to service following completion 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 conducted under subparagraph (A).
(4) Confidentiality.— Information provided under this subsection shall be subject to the same protections given to voluntarily provided 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 International 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 procedures agreement.— The Administrator may elect not to enter into a new maintenance implementation 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 maintenance work.— No part 121 air carrier may enter into a new contract for heavy maintenance work with a person located or headquartered in a country that the Administrator, through the International Aviation Safety Assessment program, has classified as Category 2, for as long as such country remains classified as Category 2.
(i) Minimum Qualifications for Mechanics and Others Working on U.S. Registered Aircraft.— (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 station are appropriately certificated as a mechanic 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 authorized to approve an article for return to service are appropriately certificated as a mechanic or repairman under part 65 of such title, or under an equivalent certification or licensing regime, as determined by the Administrator.
(2) Available for consultation.— Not later than 18 months after the date of enactment of this subsection, the Administrator shall require any individual who is responsible for approving 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 repair 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 operation with respect to the airframe of a transport-category aircraft (including on-wing aircraft 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. 11295, title III, § 308(a), Feb. 14, 2012, 126 Stat. 62; amended Pub. L. 114190, title II, § 2112(a), July 15, 2016, 130 Stat. 627; Pub. L. 11863, title III, § 302(a)(1), (2), May 16, 2024, 138 Stat. 1067, 1069.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 11295, 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. 114190, which was approved July 15, 2016. The date of enactment of this subsection, referred to in subsec. (i), is the date of enactment of Pub. L. 11863, which was approved May 16, 2024.
Amendments2024—Pub. L. 11863, § 302(a)(1)(A), substituted “Oversight” for “Inspection” in section catchline. Subsec. (a). Pub. L. 11863, § 302(a)(1)(B), substituted “The Administrator” for “Not later than 1 year after the date of enactment of this section, the Administrator” in introductory provisions. Subsec. (a)(3). Pub. L. 11863, § 302(a)(2)(B), substituted “part 145 repair stations” for “covered part 145 repair stations”. Subsec. (e). Pub. L. 11863, § 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 “international agreements” and substituted “The Administrator may carry out announced or unannounced inspections in addition to the annual unannounced inspection required under this subsection based on identified 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 carry out inspections in addition to the annual inspection required under this subsection based on identified risks.” Subsecs. (g) to (i). Pub. L. 11863, § 302(a)(1)(E), added subsecs. (g) to (i). Former subsec. (g) redesignated (j). Subsec. (j). Pub. L. 11863, § 302(a)(1)(D), redesignated subsec. (g) as (j). Subsec. (j)(1). Pub. L. 11863, § 302(a)(2)(A)(iii), added par. (1). Former par. (1) redesignated (2). Pub. L. 11863, § 302(a)(2)(A)(i), substituted “aircraft (including on-wing aircraft engines)” for “aircraft”. Subsec. (j)(2) to (4). Pub. L. 11863, § 302(a)(2)(A)(ii), redesignated pars. (1) to (3) as (2) to (4), respectively. 2016—Subsec. (f). Pub. L. 114190, § 2112(a)(2), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 114190, § 2112(a)(3), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively. Pub. L. 114190, § 2112(a)(1), redesignated subsec. (f) as (g).
Statutory Notes and Related Subsidiaries
Rulemaking on Security Threat AssessmentPub. L. 11863, 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 requirements of section 1554.101 of title 49, Code of Federal Regulations, the Administrator [of the Federal Aviation Administration] shall initiate a rulemaking (or request that the head of another Federal agency initiate a rulemaking) that requires a covered repair station to confirm that any such employee has successfully completed 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 purposes of this subsection, the term covered repair station 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 TestingPub. L. 11863, 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 Administration] shall issue a final rule carrying out the requirements of section 2112(b) of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114190] (49 U.S.C. 44733 note).” Pub. L. 114190, 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 enactment 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 InvestigationsPub. L. 114190, 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 repair 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 determine 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 country in which the repair station is located; and “(3) consistent with the United States obligations under international agreements.”
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# 49 U.S.C. § 44734 - Training of flight attendants
## Text
(a) Training Required.— In addition to other training required under this chapter, each air carrier shall provide to flight attendants employed 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 situational training on the proper method for dealing with intoxicated passengers who act in a belligerent manner.
(c) Definitions.— In this section, the following definitions apply:
(1) Air carrier.— The term “air carrier” means a person, including a commercial enterprise, that has been issued an air carrier operating certificate under section 44705.
(2) Flight attendant.— The term “flight attendant” has the meaning given that term in section 44728(g).
(Added Pub. L. 11295, title III, § 309(a), Feb. 14, 2012, 126 Stat. 64; amended Pub. L. 114190, title II, § 2113, July 15, 2016, 130 Stat. 628.)
## Notes
Editorial Notes
Amendments2016—Subsec. (a)(4). Pub. L. 114190 added par. (4).
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# 49 U.S.C. § 44735 - Limitation on disclosure of safety information
## Text
(a) In General.— Except as provided by subsection (c), a report, data, or other information described in subsection (b) shall not be disclosed to the public by the Administrator of the Federal Aviation Administration pursuant to section 552(b)(3)(B) of title 5—
(1) if the report, data, or other information is submitted to the Federal Aviation Administration 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 Administration pursuant to section 102(e) of the Aircraft 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 required by regulation.
(b) Applicability.— The limitation established by subsection (a) shall apply to the following:
(1) Reports, data, or other information developed under the Aviation Safety Action Program.
(2) Reports, data, or other information produced or collected under the Flight Operational Quality Assurance Program.
(3) Reports, data, or other information developed under the Line Operations Safety Audit Program.
(4) Reports, data, or other information produced or collected for purposes of developing and implementing a safety management system acceptable to the Administrator.
(5) Reports, analyses, and directed studies, based in whole or in part on reports, data, or other information described in paragraphs (1) through (4), including those prepared under the Aviation Safety Information Analysis and Sharing Program (or any successor program).
(c) Exception for De-identified Information.— (1) In general.— The limitation established by subsection (a) shall not apply to a report, data, or other information if the information contained in the report, data, or other information has been de-identified.
(2) De-identified defined.— In this subsection, the term “de-identified” means the process by which all information that is likely to establish the identity of the specific persons or entities submitting reports, data, or other information is removed from the reports, data, or other information.
(d) Other Agencies.— (1) In general.— The limitation established under subsection (a) shall apply to the head of any other Federal agency who receives reports, data, or other information described in such subsection from the Administrator.
(2) Rule of construction.— This section shall not be construed to limit the accident or incident investigation authority of the National Transportation Safety Board under chapter 11, including the requirement to not disclose voluntarily provided safety-related information under section 1114.
(Added Pub. L. 11295, title III, § 310(a), Feb. 14, 2012, 126 Stat. 64; amended Pub. L. 116260, div. V, title I, § 102(g), Dec. 27, 2020, 134 Stat. 2311; Pub. L. 11863, title III, § 305, May 16, 2024, 138 Stat. 1071.)
## Notes
Editorial Notes
References in TextSection 102(e) of the Aircraft Certification, Safety, and Accountability Act, referred to in subsec. (a)(2), is section 102(e) of title I of Pub. L. 116260, div. V, Dec. 27, 2020, 134 Stat. 2310, which is set out in a note under section 44701 of this title.
Amendments2024—Subsec. (a)(3). Pub. L. 11863, § 305(1), added par. (3). Subsec. (d). Pub. L. 11863, § 305(2), added subsec. (d). 2020—Subsec. (a). Pub. L. 116260 inserted “—” after “title 5”, designated remaining existing provisions as par. (1), and added par. (2).
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# 49 U.S.C. § 44737 - Helicopter fuel system safety
## Text
(a) Prohibition.— (1) In general.— A person may not operate a covered helicopter in United States airspace unless the design of the helicopter is certified by the Administrator of the Federal Aviation Administration to—
(A) comply with the requirements applicable to the category of the helicopter under paragraphs (1), (2), (3), (5), and (6) of section 27.952(a), section 27.952(c), section 27.952(f), section 27.952(g), section 27.963(g) (but allowing for a minimum puncture force of 250 pounds if successfully drop tested in-structure), and section 27.975(b) or paragraphs (1), (2), (3), (5), and (6) of section 29.952(a), section 29.952(c), section 29.952(f), section 29.952(g), section 29.963(b) (but allowing for a minimum puncture force of 250 pounds if successfully drop tested in-structure), and 29.975(a)(7) of title 14, Code of Federal Regulations, as in effect on the date of enactment of this section; or
(B) employ other means acceptable to the Administrator to provide an equivalent level of fuel system crash resistance.
(2) Covered helicopter defined.— In this subsection, the term “covered helicopter” means a helicopter not otherwise required to comply with section 27.952, section 27.963, and section 27.975, or section 29.952, section 29.963, and section 29.975 of title 14, Code of Federal Regulations as in effect on the date of enactment of this section for which manufacture was completed, as determined by the Administrator, on or after the date that is 18 months after the date of enactment of this section.
(b) Administrative Provisions.— The Administrator shall—
(1) expedite the certification and validation of United States and foreign type designs and retrofit kits that improve fuel system crashworthiness; and
(2) not later than 180 days after the date of enactment of this section, and periodically thereafter, issue a bulletin to—
(A) inform helicopter owners and operators of available modifications to improve fuel system crashworthiness; and
(B) urge that such modifications be installed as soon as practicable.
(c) Rule of Construction.— Nothing in this section may be construed to affect the operation of a helicopter by the Department of Defense.
(d) Exception.— A helicopter issued an experimental certificate under section 21.191 of title 14, Code of Federal Regulations (or any successor regulations), or operating under a Special Flight Permit issued under section 21.197 of title 14, Code of Federal Regulations (or any successor regulations), is excepted from the requirements of this section.
(Added Pub. L. 115254, div. B, title III, § 317(a), Oct. 5, 2018, 132 Stat. 3268; amended Pub. L. 11863, title VIII, § 825, May 16, 2024, 138 Stat. 1332.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 115254, which was approved Oct. 5, 2018.
Codification Another section 44737 was renumbered section 44740 of this title.
Amendments2024—Pub. L. 11863, § 825(1), substituted “helicopter” for “rotorcraft” wherever appearing in text. Subsec. (a)(2). Pub. L. 11863, § 825(2), substituted “helicopter” for “rotorcraft” in heading. Subsec. (d). Pub. L. 11863, § 825(3), added subsec. (d).
Statutory Notes and Related Subsidiaries
Crash-Resistant Fuel Systems in RotorcraftPub. L. 11863, title III, § 320, May 16, 2024, 138 Stat. 1082, provided that: “(a) In General.—The Administrator [of the Federal Aviation Administration] shall task the Aviation Rulemaking Advisory Committee to—“(1) review the data analysis conducted and the recommendations developed by the Aviation Rulemaking Advisory Committee Rotorcraft Occupant Protection Working Group of the Administration; “(2) update the 2018 report of such working group on rotorcraft occupant protection by—“(A) reviewing National Transportation Safety Board data from 2016 through 2023 on post-crash fires in helicopter accidents; and “(B) determining whether and to what extent crash-resistant fuel systems could have prevented fatalities in the accidents covered by the data reviewed under subparagraph (A); and “(3) develop recommendations for either the Administrator or the helicopter industry to encourage helicopter owners and operators to expedite the installation of crash-resistant fuel systems in the aircraft of such owners and operators regardless of original certification and manufacture date. “(b) Schedule.—“(1) Deadline.—Not later than 18 months after the Administrator tasks the Aviation Rulemaking Advisory Committee under subsection (a), the Committee shall submit the recommendations developed under subsection (a)(2) to the Administrator. “(2) Implementation.—If applicable, and not later than 180 days after receiving the recommendations under paragraph (1), the Administrator shall—“(A) begin implementing, as appropriate, any safety recommendations the Administrator receives from the Aviation Rulemaking Advisory Committee, and 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 any recommendations the Administrator does not implement; and “(B) partner with the United States Helicopter Safety Team, as appropriate, to facilitate implementation of any recommendations for the helicopter industry pursuant to subsection (a)(2).”
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# 49 U.S.C. § 44738 - Training on human trafficking for certain staff
## Text
In addition to other training requirements, each air carrier shall provide training to ticket counter agents, gate agents, and other air carrier workers whose jobs require regular interaction with passengers on recognizing and responding to potential human trafficking victims.
(Added Pub. L. 115254, div. B, title IV, § 408(a), Oct. 5, 2018, 132 Stat. 3330.)
## Notes
Statutory Notes and Related Subsidiaries
Airport Human Trafficking Prevention GrantsPub. L. 11863, title VII, § 774A, May 16, 2024, 138 Stat. 1299, provided that: “(a) In General.—The Secretary [of Transportation] shall establish a grant program to provide grants to airports described in subsection (b)(1) to address human trafficking awareness, education, and prevention efforts, including by—“(1) coordinating human trafficking prevention efforts across multimodal transportation operations within a community; and “(2) accomplishing the best practices and recommendations provided by the Department of Transportation Advisory Committee on Human Trafficking. “(b) Distribution.—“(1) In general.—The Secretary shall distribute amounts made available for grants under this section to—“(A) the 75 airports in the United States with the highest number of passenger enplanements annually, based on the most recent data available; and “(B) as the Secretary determines to be appropriate, an airport not described in subparagraph (A) that serves an area with a high prevalence of human trafficking, on application of the airport. “(2) Priority; considerations.—In distributing amounts made available for grants under this section, the Secretary shall—“(A) give priority in grant amounts to airports referred to in paragraph (1) that serve regions with a higher prevalence of human trafficking; and “(B) take into consideration the effect the amounts would have on surrounding areas. “(3) Consultation.—In distributing amounts made available for grants under this section, the Secretary shall consult with the Department of Transportation Advisory Committee on Human Trafficking in determining the amounts to be distributed to each grant recipient to ensure the best use of the funds. “(c) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2025 through 2028.”
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# 49 U.S.C. § 44739 - Pets on airplanes
## Text
(a) Prohibition.— It shall be unlawful for any person to place a live animal in an overhead storage compartment of an aircraft operated under part 121 of title 14, Code of Federal Regulations.
(b) Civil Penalty.— The Administrator may impose a civil penalty under section 46301 for each violation of this section.
(Added Pub. L. 115254, div. B, title IV, § 417(a), Oct. 5, 2018, 132 Stat. 3334.)
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# 49 U.S.C. § 44740 - Special rule for certain aircraft operations
## Text
(a) In General.— The operator of an aircraft with a special airworthiness certification in the experimental category may—
(1) operate the aircraft for the purpose of conducting a space support vehicle flight (as that term is defined in section 50902 of title 51); and
(2) conduct such flight under such certificate carrying persons or property for compensation or hire—
(A) notwithstanding any rule or term of a certificate issued by the Administrator of the Federal Aviation Administration that would prohibit flight for compensation or hire; or
(B) without obtaining a certificate issued by the Administrator to conduct air carrier or commercial operations.
(b) Limited Applicability.— Subsection (a) shall apply only to a space support vehicle flight that satisfies each of the following:
(1) The aircraft conducting the space support vehicle flight—
(A) takes flight and lands at a single site that is operated by an entity licensed for operation under chapter 509 of title 51;
(B) is owned or operated by a launch or reentry vehicle operator licensed under chapter 509 of title 51, or on behalf of a launch or reentry vehicle operator licensed under chapter 509 of title 51;
(C) is a launch vehicle, a reentry vehicle, or a component of a launch or reentry vehicle licensed for operations pursuant to chapter 509 of title 51; and
(D) is used only to simulate space flight conditions in support of—
(i) training for potential space flight participants, government astronauts, or crew (as those terms are defined in chapter 509 of title 51);
(ii) the testing of hardware to be used in space flight; or
(iii) research and development tasks, which require the unique capabilities of the aircraft conducting the flight.
(c) Rules of Construction.— (1) Space support vehicles.— Section 44711(a)(1) shall not apply to a person conducting a space support vehicle flight under this section only to the extent that a term of the experimental certificate under which the person is operating the space support vehicle prohibits the carriage of persons or property for compensation or hire.
(2) Authority of administrator.— Nothing in this section shall be construed to limit the authority of the Administrator of the Federal Aviation Administration to exempt a person from a regulatory prohibition on the carriage of persons or property for compensation or hire subject to terms and conditions other than those described in this section.
(Added Pub. L. 115254, div. B, title V, § 581(b)(1), Oct. 5, 2018, 132 Stat. 3398, § 44737; renumbered § 44740 and amended Pub. L. 116260, div. V, title I, § 107(d)(1), (3), Dec. 27, 2020, 134 Stat. 2326.)
## Notes
Editorial Notes
Amendments2020—Pub. L. 116260, § 107(d)(3)(A), struck out period after “operations” in section catchline. Pub. L. 116260, § 107(d)(1), renumbered section 44737 of this title as this section. Subsec. (a)(1). Pub. L. 116260, § 107(d)(3)(B), substituted “section” for “chapter”. Subsec. (b)(1). Pub. L. 116260, § 107(d)(3)(C), struck out “(1)” the second time appearing before “The” in introductory provisions. Subsec. (c)(2). Pub. L. 116260, § 107(d)(3)(D), inserted period at end.
Statutory Notes and Related Subsidiaries
Modernization of Special Airworthiness Certification Rulemaking DeadlinePub. L. 11863, title VIII, § 824, May 16, 2024, 138 Stat. 1332, provided that: “Not later than 24 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue a final rule for the rulemaking activity titled Modernization of Special Airworthiness Certification, published in Fall 2022 in the long-term actions of the Unified Agenda of Federal Regulatory and Deregulatory Actions (RIN 2120AL50).”
Flight Instruction or TestingPub. L. 11863, title VIII, § 832, May 16, 2024, 138 Stat. 1339, provided that: “(a) Authorized Additional Pilots.—An individual acting as an authorized additional pilot during Phase I flight testing of aircraft holding an experimental airworthiness certificate, in accordance with section 21.191 of title 14, Code of Federal Regulations, and meeting the requirements set forth in FAA [Federal Aviation Administration] regulations and policy in effect as of the date of enactment of this Act [May 16, 2024], shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire. “(b) Use of Aircraft.—An individual who uses, causes to use, or authorizes to use aircraft for flights conducted under subsection (a) shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire. “(c) Revision of Rules.—The Administrator [of the Federal Aviation Administration] shall, as necessary, issue, revise, or repeal the rules, regulations, guidance, or procedures of the FAA to conform to the requirements of this section.”
Rule of Construction Relating to Role of NASAPub. L. 115254, div. B, title V, § 581(b)(3), Oct. 5, 2018, 132 Stat. 3399, provided that: “Nothing in this subsection [enacting this section] shall be construed as limiting the ability of [the] National Aeronautics and Space Administration (NASA) to place conditions on or otherwise qualify the operations of NASA contractors providing NASA services.”
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# 49 U.S.C. § 44741 - Approval of organization designation authorization unit members
## Text
(a) In General.— Beginning January 1, 2022, each individual who is selected on or after such date to become an ODA unit member by an ODA holder engaged in the design of an aircraft, aircraft engine, propeller, or appliance and performs an authorized function pursuant to a delegation by the Administrator of the Federal Aviation Administration under section 44702(d)—
(1) shall be—
(A) an employee, a contractor, or a consultant of the ODA holder; or
(B) the employee of a supplier of the ODA holder; and
(2) may not become a member of such unit unless approved by the Administrator pursuant to this section.
(b) Process and Timeline.— (1) In general.— The Administrator shall maintain an efficient process for the review and approval of an individual to become an ODA unit member under this section.
(2) Process.— An ODA holder described in subsection (a) may submit to the Administrator an application for an individual to be approved to become an ODA unit member under this section. The application shall be submitted in such form and manner as the Administrator determines appropriate. The Administrator shall require an ODA holder to submit with such an application information sufficient to demonstrate an individuals qualifications under subsection (c).
(3) Timeline.— The Administrator shall approve or reject an individual that is selected by an ODA holder to become an ODA unit member under this section not later than 30 days after the receipt of an application by an ODA holder.
(4) Documentation of approval.— Upon approval of an individual to become an ODA unit member under this section, the Administrator shall provide such individual a letter confirming that such individual has been approved by the Administrator under this section to be an ODA unit member.
(5) Reapplication.— An ODA holder may submit an application under this subsection for an individual to become an ODA unit member under this section regardless of whether an application for such individual was previously rejected by the Administrator.
(c) Qualifications.— (1) In general.— The Administrator shall issue minimum qualifications for an individual to become an ODA unit member under this section. In issuing such qualifications, the Administrator shall consider existing qualifications for Administration employees with similar duties and whether such individual—
(A) is technically proficient and qualified to perform the authorized functions sought;
(B) has no recent record of serious enforcement action, as determined by the Administrator, taken by the Administrator with respect to any certificate, approval, or authorization held by such individual;
(C) is of good moral character (as such qualification is applied to an applicant for an airline transport pilot certificate issued under section 44703);
(D) possesses the knowledge of applicable design or production requirements in this chapter and in title 14, Code of Federal Regulations, necessary for performance of the authorized functions sought;
(E) possesses a high degree of knowledge of applicable design or production principles, system safety principles, or safety risk management processes appropriate for the authorized functions sought; and
(F) meets such testing, examination, training, or other qualification standards as the Administrator determines are necessary to ensure the individual is competent and capable of performing the authorized functions sought.
(2) Previously rejected application.— In reviewing an application for an individual to become an ODA unit member under this section, if an application for such individual was previously rejected, the Administrator shall ensure that the reasons for the prior rejection have been resolved or mitigated to the Administrators satisfaction before making a determination on the individuals reapplication.
(d) Rescission of Approval.— The Administrator may rescind an approval of an individual as an ODA unit member granted pursuant to this section at any time and for any reason the Administrator considers appropriate. The Administrator shall develop procedures to provide for notice and opportunity to appeal rescission decisions made by the Administrator. Such decisions by the Administrator are not subject to judicial review.
(e) Conditional Selections.— (1) In general.— Subject to the requirements of this subsection, the Administrator may authorize an ODA holder to conditionally designate an individual to perform the functions of an ODA unit member for a period of not more than 30 days (beginning on the date an application for such individual is submitted under subsection (b)(2)).
(2) Required determination.— The Administrator may not make an authorization under paragraph (1) unless—
(A) the ODA holder has instituted, to the Administrators satisfaction, systems and processes to ensure the integrity and reliability of determinations by conditionally-designated ODA unit members; and
(B) the ODA holder has instituted a safety management system in accordance with regulations issued by the Administrator under section 102 of the Aircraft Certification, Safety, and Accountability Act.
(3) Final determination.— The Administrator shall approve or reject the application for an individual designated under paragraph (1) in accordance with the timeline and procedures described in subsection (b).
(4) Rejection and review.— If the Administrator rejects the application submitted under subsection (b)(2) for an individual conditionally designated under paragraph (1), the Administrator shall review and approve or disapprove any decision pursuant to any authorized function performed by such individual during the period such individual served as a conditional designee.
(5) Prohibitions.— Notwithstanding the requirements of paragraph (2), the Administrator may prohibit an ODA holder from making conditional designations of individuals as ODA unit members under this subsection at any time for any reason the Administrator considers appropriate. The Administrator may prohibit any conditionally designated individual from performing an authorized function at any time for any reason the Administrator considers appropriate.
(f) Records and Briefings.— (1) In general.— Beginning on the date described in subsection (a), an ODA holder shall maintain, for a period to be determined by the Administrator and with proper protections to ensure the security of sensitive and personal information—
(A) any data, applications, records, or manuals required by the ODA holders approved procedures manual, as determined by the Administrator;
(B) the names, responsibilities, qualifications, and example signature of each member of the ODA unit who performs an authorized function pursuant to a delegation by the Administrator under section 44702(d);
(C) training records for ODA unit members and ODA administrators; and
(D) any other data, applications, records, or manuals determined appropriate by the Administrator.
(2) Congressional briefing.— The Administrator shall provide biannual briefings each fiscal year through September 30, 2028 to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation and effects of this section, including—
(A) the Administrations performance in completing reviews of individuals and approving or denying such individuals within the timeline required under subsection (b)(3);
(B) for any individual rejected by the Administrator under subsection (b) during the preceding 6-month period, the reasoning or basis for such rejection; and
(C) any resource, staffing, or other challenges within the Administration associated with implementation of this section.
(g) Special Review of Qualifications.— (1) In general.— Not later than 30 days after the issuance of minimum qualifications under subsection (c), the Administrator shall initiate a review of the qualifications of each individual who on the date on which such minimum qualifications are issued is an ODA unit member of a holder of a type certificate for a transport airplane to ensure such individual meets the minimum qualifications issued by the Administrator under subsection (c).
(2) Unqualified individual.— For any individual who is determined by the Administrator not to meet such minimum qualifications pursuant to the review conducted under paragraph (1), the Administrator—
(A) shall determine whether the lack of qualification may be remedied and, if so, provide such individual with an action plan or schedule for such individual to meet such qualifications; or
(B) may, if the Administrator determines the lack of qualification may not be remedied, take appropriate action, including prohibiting such individual from performing an authorized function.
(3) Deadline.— The Administrator shall complete the review required under paragraph (1) not later than 18 months after the date on which such review was initiated.
(4) Savings clause.— An individual approved to become an ODA unit member of a holder of a type certificate for a transport airplane under subsection (a) shall not be subject to the review under this subsection.
(h) Prohibition.— The Administrator may not authorize an organization or ODA holder to approve an individual selected by an ODA holder to become an ODA unit member under this section.
(i) Definitions.— (1) General applicability.— The definitions contained in section 44736(c) shall apply to this section.
(2) Transport airplane.— The term “transport airplane” means a transport category airplane designed for operation 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 airplane.
(j) Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2021 through 2028.
(Added Pub. L. 116260, div. V, title I, § 107(a), Dec. 27, 2020, 134 Stat. 2320; amended Pub. L. 11863, title III, § 306(a), May 16, 2024, 138 Stat. 1071.)
## Notes
Editorial Notes
References in TextSection 102 of the Aircraft Certification, Safety, and Accountability Act, referred to in subsec. (e)(2)(B), is section 102 of title I of Pub. L. 116260, div. V, Dec. 27, 2020, 134 Stat. 2309. Section 102(a)(f) of Pub. L. 116260 is set out as a note under section 44701 of this title, and section 102(g) of Pub. L. 116260 amended section 44735 of this title.
Amendments2024—Subsec. (f)(2). Pub. L. 11863, § 306(a)(1)(A), substituted “The Administrator shall provide biannual briefings each fiscal year through September 30, 2028” for “Not later than 90 days after the date of enactment of this section, and every 90 days thereafter through September 30, 2023, the Administrator shall provide a briefing” in introductory provisions. Subsec. (f)(2)(B). Pub. L. 11863, § 306(a)(1)(B), substituted “6-month period” for “90-day period”. Subsec. (j). Pub. L. 11863, § 306(a)(2), substituted “2028” for “2023”.
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# 49 U.S.C. § 44742 - Interference with the duties of organization designation authorization unit members
## Text
(a) In General.— The Administrator of the Federal Aviation Administration shall continuously seek to eliminate or minimize interference by an ODA holder that affects the performance of authorized functions by ODA unit members.
(b) Prohibition.— (1) In general.— It shall be unlawful for any individual who is a supervisory employee of an ODA holder that manufactures a transport category airplane to commit an act of interference with an ODA unit members performance of authorized functions.
(2) Civil penalty.— (A) Individuals.— An individual shall be subject to a civil penalty under section 46301(a)(1) for each violation under paragraph (1).
(B) Savings clause.— Nothing in this paragraph shall be construed as limiting or constricting any other authority of the Administrator to pursue an enforcement action against an individual or organization for violation of applicable Federal laws or regulations of the Administration.
(c) Reporting.— (1) Reports to oda holder.— An ODA unit member of an ODA holder that manufactures a transport category airplane shall promptly report any instances of interference to the office of the ODA holder that is designated to receive such reports.
(2) Reports to the faa.— (A) In general.— The ODA holder office described in paragraph (1) shall investigate reports and submit to the office of the Administration designated by the Administrator to accept and review such reports any instances of interference reported under paragraph (1).
(B) Contents.— The Administrator shall prescribe parameters for the submission of reports to the Administration under this paragraph, including the manner, time, and form of submission. Such report shall include the results of any investigation conducted by the ODA holder in response to a report of interference, a description of any action taken by the ODA holder as a result of the report of interference, and any other information or potentially mitigating factors the ODA holder or the Administrator deems appropriate.
(d) Definitions.— (1) General applicability.— The definitions contained in section 44736(c) shall apply to this section.
(2) Interference.— In this section, the term “interference” means—
(A) blatant or egregious statements or behavior, such as harassment, beratement, or threats, that a reasonable person would conclude was intended to improperly influence or prejudice an ODA unit members performance of his or her duties; or
(B) the presence of non-ODA unit duties or activities that conflict with the performance of authorized functions by ODA unit members.
(Added Pub. L. 116260, div. V, title I, § 107(a), Dec. 27, 2020, 134 Stat. 2323.)
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# 49 U.S.C. § 44743 - Pilot training requirements
## Text
(a) In General.— (1) Administrators determination.— In establishing any pilot training requirements with respect to a new transport airplane, the Administrator of the Federal Aviation Administration shall independently review any proposal by the manufacturer of such airplane with respect to the scope, format, or minimum level of training required for operation of such airplane.
(2) Assurances and marketing representations.— Before the Administrator has established applicable training requirements, an applicant for a new or amended type certificate for an airplane described in paragraph (1) may not, with respect to the scope, format, or magnitude of pilot training for such airplane—
(A) make any assurance or other contractual commitment, whether verbal or in writing, to a potential purchaser of such airplane unless a clear and conspicuous disclaimer (as defined by the Administrator) is included regarding the status of training required for operation of such airplane; or
(B) provide financial incentives (including rebates) to a potential purchaser of such airplane regarding the scope, format, or magnitude of pilot training for such airplane.
(b) Pilot Response Time.— Beginning on the day after the date on which regulations are issued under section 119(c)(6) of the Aircraft Certification, Safety, and Accountability Act, the Administrator may not issue a new or amended type certificate for an airplane described in subsection (a) unless the applicant for such certificate has demonstrated to the Administrator that the applicant has accounted for realistic assumptions regarding the time for pilot responses to non-normal conditions in designing the systems and instrumentation of such airplane. Such assumptions shall—
(1) be based on test data, analysis, or other technical validation methods; and
(2) account for generally accepted scientific consensus among experts in human factors regarding realistic pilot response time.
(c) Definition.— In this section, the term “transport airplane” means a transport category airplane designed for operation 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 airplane.
(Added Pub. L. 116260, div. V, title I, § 119(a), Dec. 27, 2020, 134 Stat. 2338.)
## Notes
References in TextSection 119(c) of the Aircraft Certification, Safety, and Accountability Act, referred to in subsec. (b), is section 119(c) of title I of Pub. L. 116260, div. V, Dec. 27, 2020, 134 Stat. 2339, which is set out as a note under section 44704 of this title.
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# 49 U.S.C. § 44744 - Flight crew alerting
## Text
(a) In General.— Beginning on December 27, 2022, the Administrator may not issue a type certificate for a transport category airplane unless such airplane incorporates a flight crew alerting system that, at a minimum—
(1) displays and differentiates among warnings, cautions, and advisories; and
(2) includes functions to assist the flight crew in prioritizing corrective actions and responding to systems failures.
(b) Limitation.— The prohibition in subsection (a) shall not apply to any application for an original or amended type certificate that was submitted to the Administrator prior to December 27, 2020.
(c) Safety Enhancements.— (1) Restriction on airworthiness certificate issuance.— Beginning on the date that is 1 year after the date on which the Administrator issues a type certificate for the Boeing 737-10, the Administrator may not issue an original airworthiness certificate for any Boeing 737 MAX aircraft unless the Administrator finds that the type design for the aircraft includes safety enhancements that have been approved by the Administrator.
(2) Restriction on operation.— Beginning on the date that is 3 years after the date on which the Administrator issues a type certificate for the Boeing 737-10, no person may operate a Boeing 737 MAX aircraft unless—
(A) the type design for the aircraft includes safety enhancements approved by the Administrator; and
(B) the aircraft was—
(i) produced in conformance with such type design; or
(ii) altered in accordance with such type design.
(d) Definitions.— In this section:
(1) Boeing 737 max aircraft.— The term “Boeing 737 MAX aircraft” means any—
(A) Model 737 series aircraft designated as a 737-7, 737-8, 737-8200, 737-9, or 737-10; or
(B) other variant of a model described in subparagraph (A).
(2) Safety enhancement.— The term “safety enhancement” means any design change to the flight crew alerting system approved by the Administrator for the Boeing 737-10, including—
(A) a—
(i) synthetic enhanced angle-of-attack system; and
(ii) means to shut off stall warning and overspeed alerts; or
(B) any design changes equivalent to subparagraph (A) determined appropriate by the Administrator.
(Added Pub. L. 117328, div. O, title V, § 501(a), Dec. 29, 2022, 136 Stat. 5230.)
## Notes
Statutory Notes and Related Subsidiaries
Costs of Safety EnhancementsPub. L. 117328, div. O, title V, § 501(c), Dec. 29, 2022, 136 Stat. 5231, provided that: “Any costs associated with the safety enhancements required by section 44744 of title 49, United States Code, as added by subsection (a), shall be borne by the holder of the type certificate.”
Congressional BriefingsPub. L. 117328, div. O, title V, § 501(d), Dec. 29, 2022, 136 Stat. 5231, provided that: “Not later than March 1, 2023, and on a quarterly basis thereafter, the Administrator shall brief Congress on the status of— “(1) the issuance of a type certificate for the Boeing 737-7 and 737-10, including any design enhancements, pilot procedures, or training requirements resulting from system safety assessments; and “(2) the implementation of safety enhancements for Boeing 737 MAX aircraft, as required by section 44744 of title 49, United States Code, as added by subsection (a).”
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# 49 U.S.C. § 44745 - Don Young Alaska Aviation Safety Initiative
## Text
(a) In General.— The Administrator of the Federal Aviation Administration shall redesignate the FAA Alaska Aviation Safety Initiative of the Administration as the Don Young Alaska Aviation Safety Initiative (in this section referred to as the “Initiative”), under which the Administrator shall carry out the provisions of this section and take such other actions as the Administrator determines appropriate to improve aviation safety in Alaska and covered locations.
(b) Objective.— The objective of the Initiative shall be to work cooperatively with aviation stakeholders and other stakeholders towards the goal of—
(1) reducing the rate of fatal aircraft accidents in Alaska and covered locations by 90 percent from 2019 to 2033; and
(2) by January 1, 2033, eliminating fatal accidents of aircraft operated by an air carrier that operates under part 135 of title 14, Code of Federal Regulations.
(c) Leadership.— (1) In general.— The Administrator shall designate the Regional Administrator for the Alaskan Region of the Administration to serve as the Director of the Initiative.
(2) Covered locations.— The Administrator shall select a designee within the Aviation Safety Organization to implement relevant requirements of this section in covered locations.
(3) Reporting chain.— In all matters relating to the Initiative, the Director of the Initiative shall report directly to the Administrator.
(4) Coordination.— The Director of the Initiative shall coordinate with the heads of other offices and lines of business of the Administration, including the other regional administrators, to carry out the Initiative.
(d) Automated Weather Systems.— (1) Requirement.— The Administrator shall ensure, to the greatest extent practicable, that a covered automated weather system is installed and operated at each covered airport not later than December 31, 2030.
(2) Waiver.— In complying with the requirement under paragraph (1), the Administrator may waive any positive benefit-cost ratio requirement for the installation and operation of a covered automated weather system.
(3) Prioritization.— In developing the installation timeline of a covered automated weather system at a covered airport pursuant to this subsection, the Administrator shall—
(A) coordinate and consult with the governments with jurisdiction over Alaska and covered locations, covered airports, air carriers operating in Alaska or covered locations, private pilots based in Alaska or a covered location, and such other members of the aviation community in Alaska or covered locations; and
(B) prioritize early installation at covered airports that would enable the greatest number of instrument flight rule operations by air carriers operating under part 121 or 135 of title 14, Code of Federal Regulations.
(4) Reliability.— (A) In general.— Pertaining to both Federal and non-Federal systems in Alaska, the Administrator shall be responsible for ensuring—
(i) the reliability of covered automated weather systems; and
(ii) the availability of weather information from such systems.
(B) Specifications.— The Administrator shall establish data availability and equipment reliability specifications for covered automated weather systems.
(C) System reliability and restoration plan.— Not later than 2 years after the date of enactment of this section, the Administrator shall establish an automated weather system reliability and restoration plan for Alaska. Such plan shall document the Administrators strategy for ensuring covered automated weather system reliability, including the availability of weather information from such system, and for restoring service in as little time as possible.
(D) Telecommunications or other failures.— If a covered automated weather system in Alaska is unable to broadly disseminate weather information due to a telecommunications failure or a failure other than an equipment failure, the Administrator shall take such actions as may be necessary to restore the full functionality and connectivity of the covered automated weather system. The Administrator shall take actions under this subparagraph with the same urgency as the Administrator would take an action to repair a covered automated weather system equipment failure or data fidelity issue.
(E) Reliability data.— In tabulating data relating to the operational status of covered automated weather systems (including individually or collectively), the Administrator may not consider a covered automated weather system that is functioning nominally but is unable to broadly disseminate weather information telecommunications failure or a failure other than an equipment failure as functioning reliably.
(5) Inventory.— (A) Maintenance improvements.— (i) In general.— Not later than 18 months after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall identify and implement reasonable alternative actions to improve maintenance of FAA-owned weather observing systems that experience frequent service outages, including associated surface communication outages, at covered airports.
(ii) Spare parts availability.— The actions identified by the Administrator in clause (i) shall improve spare parts availability, including consideration of storage of more spare parts in the region in which the systems are located.
(B) Notice of outages.— Not later than 18 months after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall update FAA Order 7930.2 Notices to Air Missions, or any successive order, to incorporate weather system outages for automated weather observing systems and automated surface observing systems associated with Service A Outages at covered airports.
(6) Visual weather observation system.— (A) Deployment.— Not later than 3 years after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall take such actions as may be necessary to—
(i) deploy visual weather observation systems;
(ii) ensure that such systems are capable of meeting the definition of a covered automated weather system in Alaska; and
(iii) develop standard operation specifications for visual weather operation systems.
(B) Modification of specifications.— Upon the request of an aircraft operator, the Administrator shall issue or modify the standard operation specifications for visual weather observation systems developed under subparagraph (A) to allow such systems to be used to satisfy the requirements for supplemental noncertified local weather observations under section 322 of the FAA Reauthorization Act of 2018 (Public Law 115254).
(e) Weather Cameras.— (1) In general.— The Director shall continuously assess the state of the weather camera systems in Alaska and covered locations to ensure the operational sufficiency and reliability of such systems.
(2) Applications.— The Director shall—
(A) accept applications from persons to install weather cameras; and
(B) consult with the governments with jurisdiction over Alaska and covered locations, covered airports, air carriers operating in Alaska or covered locations, private pilots based in Alaska or covered locations, and such other members of the aviation community in Alaska and covered locations as the Administrator determines appropriate to solicit additional locations at which to install and operate weather cameras.
(3) Presumption.— Unless the Director has clear and compelling evidence to the contrary, the Director shall presume that the installation of a weather camera at a covered airport in Alaska, or that is recommended by a government with jurisdiction over a covered location, is cost beneficial and will improve aviation safety.
(f) Cooperation With Other Agencies.— In carrying out this section, the Administrator shall cooperate with the heads of other Federal or State agencies with responsibilities affecting aviation safety in Alaska and covered locations, including the collection and dissemination of weather data.
(g) Surveillance and Communication.— (1) In general.— The Director shall take such actions as may be necessary to—
(A) encourage and incentivize the equipage of aircraft that operate under part 135 of title 14, Code of Federal Regulations, with automatic dependent surveillance and broadcast out equipment; and
(B) improve aviation surveillance and communications in Alaska and covered locations.
(2) Requirement.— Not later than December 31, 2030, the Administrator shall ensure that automatic dependent surveillance and broadcast coverage is available at 5,000 feet above ground level throughout each covered location and Alaska.
(3) Waiver.— The Administrator shall waive any positive benefit-cost ratio requirement for—
(A) the installation and operation of equipment and facilities necessary to implement the requirement under paragraph (2); and
(B) the provision of additional ground-based transmitters for automatic dependent surveillance-broadcasts to provide a minimum operational network in Alaska along major flight routes.
(4) Service areas.— The Director shall continuously identify additional automatic dependent surveillancebroadcast service areas in which the deployment of automatic dependent surveillancebroadcast receivers and equipment would improve aviation safety.
(h) Other Projects.— The Director shall continue to build upon other initiatives recommended in the reports of the FAA Alaska Aviation Safety Initiative of the Administration published before the date of enactment of this section.
(i) Annual Report.— (1) In general.— Beginning on the date that is 1 year after the date of enactment of the FAA Reauthorization Act of 2024, and annually thereafter, 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 a report on the Initiative, including an itemized description of how the Administration budget meets the goals of the Initiative.
(2) Stakeholder comments.— The Director shall append stakeholder comments, organized by topic, to each report submitted under paragraph (1) in the same manner as appendix 3 of the report titled “FAA Alaska Aviation Safety Initiative FY21 Final Report”, dated September 30, 2021.
(j) Funding.— (1) In general.— Notwithstanding any other provision of law, for each of fiscal years 2025 through 2028—
(A) the Administrator may, upon application from the government with jurisdiction over a covered airport and in coordination with the State or territory in which a covered airport is located, use amounts apportioned under subsection (d)(2)(B) or subsection (e) of section 47114 to carry out the Initiative; or
(B) the sponsor of a covered airport that receives an apportionment under subsection (d)(2)(A) or subsection (e) of section 47114 may use such apportionment for any purpose contained in this section.
(2) Supplemental funding.— Out of amounts made available under section 106(k) and section 48101, not more than a total of $25,000,000 for each of fiscal years 2025 through 2028 is authorized to be expended to carry out the Initiative.
(k) Definitions.— In this section:
(1) Covered airport.— The term “covered airport” means an airport in Alaska or a covered location that is included in the national plan of integrated airport systems required under section 47103 and that has a status other than unclassified in such plan.
(2) Covered automated weather system.— The term “covered automated weather system” means an automated or visual weather reporting facility that enables a pilot to begin an instrument procedure approach to an airport under section 91.1039 or 135.225 of title 14, Code of Federal Regulations.
(3) Covered location.— The term “covered location” means Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands.
(l) Conformity.— The Administrator shall conduct all activities required under this section in conformity with section 44720.
(Added Pub. L. 11863, title III, § 342(a), May 16, 2024, 138 Stat. 1095.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section and the date of enactment of the FAA Reauthorization Act of 2024, referred to in subsecs. (d)(4)(C), (5)(A)(i), (B), (6)(A), (h), and (i)(1), is the date of enactment of Pub. L. 11863, which was approved May 16, 2024. Section 322 of the FAA Reauthorization of 2018, referred to in subsec. (d)(6)(B), is section 322 of Pub. L. 115254, which is set out as a note under section 44720 of this title.
@@ -0,0 +1,55 @@
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# 49 U.S.C. § 44746 - Flight data recovery from overwater operations
## Text
(a) In General.— Not later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to require that, not later than 5 years after the date of enactment of this section, all applicable aircraft are—
(1) fitted with a means, in the event of an accident, to recover mandatory flight data parameters in a manner that does not require the underwater retrieval of the cockpit voice recorder or flight data recorder;
(2) equipped with a tamper-resistant method to broadcast sufficient information to a ground station to establish the location where an applicable aircraft terminates flight as the result of such an event; and
(3) equipped with an airframe low-frequency underwater locating device that functions for at least 90 days and that can be detected by appropriate equipment.
(b) Applicable Aircraft Defined.— In this section, the term “applicable aircraft” means an aircraft manufactured on or after January 1, 2028, that is—
(1) operated under part 121 of title 14, Code of Federal Regulations;
(2) required by regulation to have a cockpit voice recorder and a flight data recorder; and
(3) used in extended overwater operations.
(Added Pub. L. 11863, title III, § 352(a), May 16, 2024, 138 Stat. 1112.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 11863, which was approved May 16, 2024.
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# 49 U.S.C. § 44747 - Aviation safety oversight measures carried out by foreign countries
## Text
(a) Assessment.— (1) In general.— On a regular basis, the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, shall assess aviation safety oversight measures carried out by any foreign country—
(A) from which a foreign air carrier is conducting foreign air transportation to and from the United States;
(B) from which a foreign air carrier seeks to conduct foreign air transportation to and from the United States;
(C) whose air carriers carry or seek to carry the code of a United States air carrier; or
(D) as determined appropriate by the Administrator.
(2) Consultation and criteria.— In conducting an assessment described in paragraph (1), the Administrator shall—
(A) consult with the appropriate authorities of the government of the foreign country;
(B) determine the efficacy with which such foreign country carries out and complies with its aviation safety oversight responsibilities consistent with—
(i) the Convention on International Civil Aviation (in this section referred to as the “Chicago Convention”);
(ii) international aviation safety standards; and
(iii) recommended practices set forth by the International Civil Aviation Organization;
(C) use a standard approach and methodology that will result in an analysis of the aviation safety oversight activities of such foreign country that are carried out to meet the minimum standards contained in Annexes 1, 6, and 8 to the Chicago Convention in effect on the date of the assessment, or any such successor documents; and
(D) identify instances of noncompliance pertaining to the aviation safety oversight activities of such foreign country consistent with the Chicago Convention, international aviation safety standards, and recommended practices set forth by the International Civil Aviation Organization.
(3) Findings of noncompliance.— In any case in which the assessment described in subsection (a)(1) finds an instance of non-compliance, the Administrator shall—
(A) notify the foreign country that is the subject of such finding;
(B) not later than 90 days after transmission of such notification, request and initiate final discussions with the foreign country to recommend actions by which the foreign country can mitigate the noncompliance; and
(C) after the discussions described in subparagraph (B) have concluded, determine whether or not the noncompliance finding has been corrected;
(b) Uncorrected Non-compliance.— If the Administrator finds that such foreign country has not corrected the non-compliance by the close of such final discussions—
(1) the Administrator shall notify the Secretary of Transportation and the Secretary of State that the condition of noncompliance remains;
(2) the Administrator, after consulting with informing the Secretary of Transportation and the Secretary of State, shall notify the foreign country of such finding; and
(3) notwithstanding section 40105(b), the Administrator, after consulting with the appropriate civil aviation authority of such foreign country and notifying the Secretary of Transportation and the Secretary of State, may withhold, revoke, or prescribe conditions on the operating authority of a foreign air carrier that—
(A) provides or seeks to provide foreign air transportation to and from the United States; or
(B) carries or seeks to carry the code of an air carrier.
(c) Authority.— Notwithstanding subsections (a) and (b), the Administrator retains the ability to take immediate safety oversight actions if the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, as needed, determines that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from such foreign country. In this event that the Administrator makes a determination under this subsection, the Administrator shall immediately notify the Secretary of State of such determination so that the Secretary of State may issue a travel advisory with respect to such foreign country.
(d) Public Notification.— (1) In general.— In any case in which the Administrator provides notification to a foreign country under subsection (b)(2), the Administrator shall—
(A) recommend the actions necessary to bring such foreign country into compliance with the international standards contained in the Chicago Convention;
(B) publish the identity of such foreign country on the website of the Federal Aviation Administration, in the Federal Register, and through other mediums appropriate to provide notice to the public; and
(C) brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the identity of such foreign country and a summary of any critical safety information resulting from an assessment described in subsection (a)(1).
(2) Compliance.— If the Administrator finds that a foreign country subsequently corrects all outstanding noncompliances, the Administrator, after consulting with the appropriate civil aviation authority of such foreign country and notifying the Secretary of Transportation and the Secretary of State, shall take actions as necessary to ensure the updated compliance status is reflected, including in the mediums invoked in paragraph (1)(B).
(e) Accuracy of the IASA List.— A foreign country that does not have foreign air carrier activity, as described in subsection (a)(1), for an extended period of time, as determined by the Administrator, shall be removed for inactivity from the public listings described in subsection (d)(1)(B), after informing the Secretary of Transportation and the Secretary of State.
(f) Consistency.— (1) In general.— The Administration shall use data, tools, and methods that ensure transparency and repeatability of assessments conducted under this section.
(2) Training.— The Administrator shall ensure that Administration personnel are properly and adequately trained to carry out the assessments set forth in this section, including with respect to the standards, methodology, and material used to make determinations under this section.
(Added Pub. L. 11863, title III, § 369(a), May 16, 2024, 138 Stat. 1137.)
## Notes
Editorial Notes
References in TextThe Convention on International Civil Aviation, referred to in subsec. (a)(2)(B)(i), was done at Chicago on Dec. 7, 1944, and entered into force for the United States on Apr. 4, 1947.
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# 49 U.S.C. § 44748 - Aircraft dispatching
## Text
(a) Aircraft Dispatching Certificate.— No person may serve as an aircraft dispatcher for an air carrier unless such person holds the appropriate aircraft dispatcher certificate issued by the Administrator of the Federal Aviation Administration.
(b) Proof of Certification.— Upon the request of the Administrator or an authorized representative of the National Transportation Safety Board, or other appropriate Federal agency, a person who holds such a certificate, and is performing dispatching, shall present the certificate for inspection.
(c) Dispatch Centers and Flight Following Centers.— (1) Establishment.— Each air carrier shall establish and maintain sufficient dispatch centers and flight following centers necessary to maintain operational control of each flight of the air carrier at all times.
(2) Requirements.— An air carrier shall ensure that each dispatch center and flight following center of the air carrier—
(A) has a sufficient number of aircraft dispatchers on duty at the dispatch center or flight following center to ensure proper operational control of each flight of the air carrier at all times;
(B) has the necessary equipment, in good repair, to maintain proper operational control of each flight of the air carrier at all times; and
(C) includes the presence of physical security and cybersecurity protections to prevent unauthorized access to the dispatch center or flight following center or to the operations of either such center.
(d) Prohibition.— (1) In general.— Except as provided in paragraph (2), an air carrier may not dispatch aircraft from any location other than the dispatch center or flight following center of the air carrier.
(2) Emergency authority.— In the event of an emergency or other event that renders a dispatch center or a flight following center inoperable, an air carrier may dispatch aircraft from a location other than the dispatch center or flight following center of the air carrier for a period of time not to exceed 14 consecutive days per location without approval of the Administrator.
(Added Pub. L. 11863, title IV, § 420(b)(1), May 16, 2024, 138 Stat. 1164.)