49 U.s.c. 44701

Page 899

TITLE 49—TRANSPORTATION

ganization certificates’’ for ‘‘Type certificates, production certificates, and airworthiness certificates’’ in
item 44704 and added items 44727 and 44728.
2000—Pub. L. 106–181, title V, §§ 504(c), 505(a)(2), title
VI, § 603(b), Apr. 5, 2000, 114 Stat. 134, 136, 152, substituted ‘‘Aeronautical charts and related products and
services’’ for ‘‘Aeronautical maps and charts’’ in item
44721 and added items 44725 and 44726.
1996—Pub. L. 104–264, title VI, § 602(a)(2), Oct. 9, 1996,
110 Stat. 3264, added item 44724.

§ 44701. General requirements
(a) PROMOTING SAFETY.—The Administrator of
the Federal Aviation Administration shall promote safe flight of civil aircraft in air commerce
by prescribing—
(1) minimum standards required in the interest of safety for appliances and for the design,
material, construction, quality of work, and
performance of aircraft, aircraft engines, and
propellers;
(2) regulations and minimum standards in
the interest of safety for—
(A) inspecting, servicing, and overhauling
aircraft, aircraft engines, propellers, and appliances;
(B) equipment and facilities for, and the
timing and manner of, the inspecting, servicing, and overhauling; and
(C) a qualified private person, instead of an
officer or employee of the Administration,
to examine and report on the inspecting,
servicing, and overhauling;
(3) regulations required in the interest of
safety for the reserve supply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel and oil, including the reserve supply
of fuel and oil carried in flight;
(4) regulations in the interest of safety for
the maximum hours or periods of service of
airmen and other employees of air carriers;
and
(5) regulations and minimum standards for
other practices, methods, and procedure the
Administrator finds necessary for safety in air
commerce and national security.
(b) PRESCRIBING MINIMUM SAFETY STANDARDS.—The Administrator may prescribe minimum safety standards for—
(1) an air carrier to whom a certificate is issued under section 44705 of this title; and
(2) operating an airport serving any passenger operation of air carrier aircraft designed for at least 31 passenger seats.
(c) REDUCING AND ELIMINATING ACCIDENTS.—
The Administrator shall carry out this chapter
in a way that best tends to reduce or eliminate
the possibility or recurrence of accidents in air
transportation. However, the Administrator is
not required to give preference either to air
transportation or to other air commerce in carrying out this chapter.
(d) CONSIDERATIONS AND CLASSIFICATION OF
REGULATIONS AND STANDARDS.—When prescribing a regulation or standard under subsection (a)
or (b) of this section or any of sections
44702–44716 of this title, the Administrator
shall—
(1) consider—
(A) the duty of an air carrier to provide
service with the highest possible degree of
safety in the public interest; and

§ 44701

(B) differences between air transportation
and other air commerce; and
(2) classify a regulation or standard appropriate to the differences between air transportation and other air commerce.
(e) BILATERAL EXCHANGES OF SAFETY OVERRESPONSIBILITIES.—
(1) IN GENERAL.—Notwithstanding the provisions of this chapter, the Administrator, pursuant to Article 83 bis of the Convention on
International Civil Aviation and by a bilateral
agreement with the aeronautical authorities
of another country, may exchange with that
country all or part of their respective functions and duties with respect to registered aircraft under the following articles of the Convention: Article 12 (Rules of the Air); Article
31 (Certificates of Airworthiness); or Article
32a (Licenses of Personnel).
(2) RELINQUISHMENT AND ACCEPTANCE OF RESPONSIBILITY.—The Administrator relinquishes
responsibility with respect to the functions
and duties transferred by the Administrator as
specified in the bilateral agreement, under the
Articles listed in paragraph (1) for United
States-registered aircraft described in paragraph (4)(A) transferred abroad and accepts responsibility with respect to the functions and
duties under those Articles for aircraft registered abroad and described in paragraph
(4)(B) that are transferred to the United
States.
(3) CONDITIONS.—The Administrator may
predicate, in the agreement, the transfer of
functions and duties under this subsection on
any conditions the Administrator deems necessary and prudent, except that the Administrator may not transfer responsibilities for
United States registered aircraft described in
paragraph (4)(A) to a country that the Administrator determines is not in compliance with
its obligations under international law for the
safety oversight of civil aviation.
(4) REGISTERED AIRCRAFT DEFINED.—In this
subsection, the term ‘‘registered aircraft’’
means—
(A) aircraft registered in the United States
and operated pursuant to an agreement for
the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business
or, if it has no such place of business, its permanent residence in another country; and
(B) aircraft registered in a foreign country
and operated under an agreement for the
lease, charter, or interchange of the aircraft
or any similar arrangement by an operator
that has its principal place of business or, if
it has no such place of business, its permanent residence in the United States.

SIGHT

(f) EXEMPTIONS.—The Administrator may
grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of
this section or any of sections 44702–44716 of this
title if the Administrator finds the exemption is
in the public interest.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1185;
Pub. L. 103–429, § 6(55), Oct. 31, 1994, 108 Stat.
4385; Pub. L. 106–181, title VII, § 714, Apr. 5, 2000,
114 Stat. 161.)

§ 44701

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES
PUB. L. 103–272

Page 900

Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1994 AMENDMENT

Revised
Section

Source (U.S. Code)

44701(a) ......

49 App.:1421(a).

49 App.:1655(c)(1).

44701(b) ......

44701(c) ......
44701(d) ......

44701(e) ......

49 App.:1424(a) (related to standards).
49 App.:1432(a) (related to standards).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 601(a), (b) (1st sentence
related
to
standards,
rules, and regulations,
last sentence), (c), 604(a)
(related to standards), 72
Stat. 775, 778.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 612(a) (related to standards); added
May 21, 1970, Pub. L.
91–258, § 51(b)(1), 84 Stat.
234; restated Sept. 3, 1982,
Pub. L. 97–248, § 525(a), 96
Stat. 697.

49 App.:1655(c)(1).
49 App.:1421(b) (last
sentence).
49 App.:1655(c)(1).
49 App.:1421(b) (1st
sentence related
to standards,
rules, and regulations).
49 App.:1655(c)(1).
49 App.:1421(c).
49 App.:1655(c)(1).

In this section, the word ‘‘Administrator’’ in sections
601(a)–(c) and 604 of the Federal Aviation Act of 1958
(Public Law 85–726, 72 Stat. 775, 778) is retained on authority of 49:106(g).
In subsection (a), before clause (1), the words ‘‘is empowered and it . . . be his duty to’’ and ‘‘and revising
from time to time’’ are omitted as surplus. In clause
(1), the words ‘‘as may be’’ are omitted as surplus. In
clauses (2)–(5), the words ‘‘Reasonable’’ and ‘‘reasonable’’ are omitted as surplus and the word ‘‘rules’’ is
omitted as being synonymous with ‘‘regulations’’. In
clause (5), the words ‘‘to provide adequately’’ are omitted as surplus.
In subsection (b)(1), the words ‘‘the operation of’’ are
omitted as surplus. The words ‘‘under section 44705 of
this title’’ are added for clarity.
In subsection (b)(2), the words ‘‘scheduled or unscheduled’’ are omitted as surplus.
In subsection (c), the words ‘‘carry out’’ are substituted for ‘‘exercise and perform his powers and duties under’’, and the words ‘‘in carrying out’’ are substituted for ‘‘in the administration and enforcement
of’’, for consistency and to eliminate unnecessary
words.
In subsection (d), before clause (1), the word ‘‘rules’’
is omitted as being synonymous with ‘‘regulations’’. In
clause (1), before subclause (A), the word ‘‘full’’ is omitted as surplus. In clause (1)(A), the word ‘‘provide’’ is
substituted for ‘‘perform’’ for consistency in the revised title.
In subsection (e), the words ‘‘from time to time’’ are
omitted as surplus. The word ‘‘rule’’ is omitted as being
synonymous with ‘‘regulation’’.
PUB. L. 103–429
This amends 49:44701(d) and (e) to correct erroneous
cross-references.
AMENDMENTS
2000—Subsecs. (e), (f). Pub. L. 106–181 added subsec. (e)
and redesignated former subsec. (e) as (f).
1994—Subsecs. (d), (e). Pub. L. 103–429 substituted
‘‘any of sections 44702–44716’’ for ‘‘section 44702–44716’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of

Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
AIRLINE SAFETY AND PILOT TRAINING IMPROVEMENT
Pub. L. 111–216, title II, Aug. 1, 2010, 124 Stat. 2350, as
amended by Pub. L. 111–249, § 6, Sept. 30, 2010, 124 Stat.
2628, provided that:
‘‘SEC. 201. DEFINITIONS.
‘‘(a) [sic] DEFINITIONS.—In this title, the following
definitions apply:
‘‘(1) ADVANCED QUALIFICATION PROGRAM.—The term
‘advanced qualification program’ means the program
established by the Federal Aviation Administration
in Advisory Circular 120–54A, dated June 23, 2006, including any subsequent revisions thereto.
‘‘(2) AIR CARRIER.—The term ‘air carrier’ has the
meaning given that term in section 40102 of title 49,
United States Code.
‘‘(3) AVIATION SAFETY ACTION PROGRAM.—The term
‘aviation safety action program’ means the program
established by the Federal Aviation Administration
in Advisory Circular 120–66B, dated November 15, 2002,
including any subsequent revisions thereto.
‘‘(4) FLIGHT CREWMEMBER.—The term ‘flight crewmember’ has the meaning given the term ‘flightcrew
member’ in part 1 of title 14, Code of Federal Regulations.
‘‘(5) FLIGHT OPERATIONAL QUALITY ASSURANCE PROGRAM.—The term ‘flight operational quality assurance program’ means the program established by the
Federal Aviation Administration in Advisory Circular 120–82, dated April 12, 2004, including any subsequent revisions thereto.
‘‘(6) LINE OPERATIONS SAFETY AUDIT.—The term ‘line
operations safety audit’ means the procedure referenced by the Federal Aviation Administration in
Advisory Circular 120–90, dated April 27, 2006, including any subsequent revisions thereto.
‘‘(7) PART 121 AIR CARRIER.—The term ‘part 121 air
carrier’ means an air carrier that holds a certificate
issued under part 121 of title 14, Code of Federal Regulations.
‘‘(8) PART 135 AIR CARRIER.—The term ‘part 135 air
carrier’ means an air carrier that holds a certificate
issued under part 135 of title 14, Code of Federal Regulations.
‘‘SEC. 202. SECRETARY OF TRANSPORTATION RESPONSES TO SAFETY RECOMMENDATIONS.
‘‘[Amended section 1135 of this title.]
‘‘SEC. 203. FAA PILOT RECORDS DATABASE.
‘‘[Amended section 44703 of this title.]
‘‘SEC. 204. FAA TASK FORCE ON AIR CARRIER
SAFETY AND PILOT TRAINING.
‘‘(a) ESTABLISHMENT.—The Administrator of the Federal Aviation Administration shall establish a special
task force to be known as the FAA Task Force on Air
Carrier Safety and Pilot Training (in this section referred to as the ‘Task Force’).
‘‘(b) COMPOSITION.—The Task Force shall consist of
members appointed by the Administrator and shall include air carrier representatives, labor union representatives, and aviation safety experts with knowledge of
foreign and domestic regulatory requirements for flight
crewmember education and training.
‘‘(c) DUTIES.—The duties of the Task Force shall include, at a minimum, evaluating best practices in the
air carrier industry and providing recommendations in
the following areas:
‘‘(1) Air carrier management responsibilities for
flight crewmember education and support.
‘‘(2) Flight crewmember professional standards.
‘‘(3) Flight crewmember training standards and performance.

Page 901

TITLE 49—TRANSPORTATION

‘‘(4) Mentoring and information sharing between air
carriers.
‘‘(d) REPORT.—Not later than one year after the date
of enactment of this Act [Aug. 1, 2010], and before the
last day of each one-year period thereafter until termination of the Task Force, the Task Force shall submit
to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate
a report detailing—
‘‘(1) the progress of the Task Force in identifying
best practices in the air carrier industry;
‘‘(2) the progress of air carriers and labor unions in
implementing the best practices identified by the
Task Force;
‘‘(3) recommendations of the Task Force, if any, for
legislative or regulatory actions;
‘‘(4) the progress of air carriers and labor unions in
implementing training-related, nonregulatory actions recommended by the Administrator; and
‘‘(5) the progress of air carriers in developing specific programs to share safety data and ensure implementation of the most effective safety practices.
‘‘(e) TERMINATION.—The Task Force shall terminate
on September 30, 2012.
‘‘(f) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE
ACT.—The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Task Force.
‘‘SEC. 205. AVIATION SAFETY INSPECTORS AND
OPERATIONAL RESEARCH ANALYSTS.
‘‘(a) REVIEW BY DOT INSPECTOR GENERAL.—Not later
than 9 months after the date of enactment of this Act
[Aug. 1, 2010], the Inspector General of the Department
of Transportation shall conduct a review of the aviation safety inspectors and operational research analysts of the Federal Aviation Administration assigned
to part 121 air carriers and submit to the Administrator
of the Federal Aviation Administration a report on the
results of the review.
‘‘(b) PURPOSES.—The purpose of the review shall be,
at a minimum—
‘‘(1) to review the level of the Administration’s
oversight of each part 121 air carrier;
‘‘(2) to make recommendations to ensure that each
part 121 air carrier is receiving an equivalent level of
oversight;
‘‘(3) to assess the number and level of experience of
aviation safety inspectors assigned to each part 121
air carrier;
‘‘(4) to evaluate how the Administration is making
assignments of aviation safety inspectors to each
part 121 air carrier;
‘‘(5) to review various safety inspector oversight
programs, including the geographic inspector program;
‘‘(6) to evaluate the adequacy of the number of
operational research analysts assigned to each part
121 air carrier;
‘‘(7) to evaluate the surveillance responsibilities of
aviation safety inspectors, including en route inspections;
‘‘(8) to evaluate whether inspectors are able to effectively use data sources, such as the Safety Performance Analysis System and the Air Transportation Oversight System, to assist in targeting oversight of each part 121 air carrier;
‘‘(9) to assess the feasibility of establishment by the
Administration of a comprehensive repository of information that encompasses multiple Administration
data sources and allows access by aviation safety inspectors and operational research analysts to assist
in the oversight of each part 121 air carrier; and
‘‘(10) to conduct such other analyses as the Inspector General considers relevant to the review.
‘‘SEC. 206. FLIGHT CREWMEMBER MENTORING,
PROFESSIONAL DEVELOPMENT, AND LEADERSHIP.
‘‘(a) AVIATION RULEMAKING COMMITTEE.—
‘‘(1) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall convene an aviation

§ 44701

rulemaking committee to develop procedures for each
part 121 air carrier to take the following actions:
‘‘(A) Establish flight crewmember mentoring programs under which the air carrier will pair highly
experienced flight crewmembers who will serve as
mentor pilots and be paired with newly employed
flight crewmembers. Mentor pilots should be provided, at a minimum, specific instruction on techniques for instilling and reinforcing the highest
standards of technical performance, airmanship,
and professionalism in newly employed flight crewmembers.
‘‘(B) Establish flight crewmember professional development committees made up of air carrier management and labor union or professional association representatives to develop, administer, and
oversee formal mentoring programs of the carrier
to assist flight crewmembers to reach their maximum potential as safe, seasoned, and proficient
flight crewmembers.
‘‘(C) Establish or modify training programs to accommodate substantially different levels and types
of flight experience by newly employed flight crewmembers.
‘‘(D) Establish or modify training programs for
second-in-command flight crewmembers attempting to qualify as pilot-in-command flight crewmembers for the first time in a specific aircraft
type and ensure that such programs include leadership and command training.
‘‘(E) Ensure that recurrent training for pilots in
command includes leadership and command training.
‘‘(F) Such other actions as the aviation rulemaking committee determines appropriate to enhance flight crewmember professional development.
‘‘(2) COMPLIANCE WITH STERILE COCKPIT RULE.—Leadership and command training described in paragraphs
(1)(D) and (1)(E) shall include instruction on compliance with flight crewmember duties under part
121.542 of title 14, Code of Federal Regulations.
‘‘(3) STREAMLINED PROGRAM REVIEW.—
‘‘(A) IN GENERAL.—As part of the rulemaking required by subsection (b), the Administrator shall
establish a streamlined review process for part 121
air carriers that have in effect, as of the date of enactment of this Act [Aug. 1, 2010], the programs described in paragraph (1).
‘‘(B) EXPEDITED APPROVALS.—Under the streamlined review process, the Administrator shall—
‘‘(i) review the programs of such part 121 air
carriers to determine whether the programs meet
the requirements set forth in the final rule referred to in subsection (b)(2); and
‘‘(ii) expedite the approval of the programs that
the Administrator determines meet such requirements.
‘‘(b) RULEMAKING.—The Administrator shall issue—
‘‘(1) not later than one year after the date of enactment of this Act, a notice of proposed rulemaking
based on the recommendations of the aviation rulemaking committee convened under subsection (a);
and
‘‘(2) not later than 36 months after such date of enactment, a final rule based on such recommendations.
‘‘SEC. 207. FLIGHT CREWMEMBER PAIRING AND
CREW RESOURCE MANAGEMENT TECHNIQUES.
‘‘(a) STUDY.—The Administrator of the Federal Aviation Administration shall conduct a study on aviation
industry best practices with regard to flight crewmember pairing, crew resource management techniques, and pilot commuting.
‘‘(b) REPORT.—Not later than one year after the date
of enactment of this Act [Aug. 1, 2010], 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 results of
the study.

§ 44701

TITLE 49—TRANSPORTATION

‘‘SEC. 208. IMPLEMENTATION OF NTSB FLIGHT
CREWMEMBER TRAINING RECOMMENDATIONS.
‘‘(a) RULEMAKING PROCEEDINGS.—
‘‘(1) STALL AND UPSET RECOGNITION AND RECOVERY
TRAINING.—The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require part 121 air carriers to provide
flight crewmembers with ground training and flight
training or flight simulator training—
‘‘(A) to recognize and avoid a stall of an aircraft
or, if not avoided, to recover from the stall; and
‘‘(B) to recognize and avoid an upset of an aircraft
or, if not avoided, to execute such techniques as
available data indicate are appropriate to recover
from the upset in a given make, model, and series
of aircraft.
‘‘(2) REMEDIAL TRAINING PROGRAMS.—The Administrator shall conduct a rulemaking proceeding to require part 121 air carriers to establish remedial training programs for flight crewmembers who have demonstrated performance deficiencies or experienced
failures in the training environment.
‘‘(3) DEADLINES.—The Administrator shall—
‘‘(A) not later than one year after the date of enactment of this Act [Aug. 1, 2010], issue a notice of
proposed rulemaking under each of paragraphs (1)
and (2); and
‘‘(B) not later than 36 months after the date of enactment of this Act, issue a final rule for the rulemaking under each of paragraphs (1) and (2).
‘‘(b) STICK PUSHER TRAINING AND WEATHER EVENT
TRAINING.—
‘‘(1) MULTIDISCIPLINARY PANEL.—Not later than 120
days after the date of enactment of this Act, the Administrator shall convene a multidisciplinary panel
of specialists in aircraft operations, flight crewmember training, human factors, and aviation safety
to study and submit to the Administrator a report on
methods to increase the familiarity of flight crewmembers with, and improve the response of flight
crewmembers to, stick pusher systems, icing conditions, and microburst and windshear weather events.
‘‘(2) REPORT TO CONGRESS AND NTSB.—Not later than
one year after the date on which the Administrator
convenes the panel, the Administrator shall—
‘‘(A) submit to the Committee on Transportation
and Infrastructure of the House of Representatives,
the Committee on Commerce, Science, and Transportation of the Senate, and the National Transportation Safety Board a report based on the findings
of the panel; and
‘‘(B) with respect to stick pusher systems, initiate appropriate actions to implement the recommendations of the panel.
‘‘(c) DEFINITIONS.—In this section, the following definitions apply:
‘‘(1) FLIGHT TRAINING AND FLIGHT SIMULATOR.—The
terms ‘flight training’ and ‘flight simulator’ have the
meanings given those terms in part 61.1 of title 14,
Code of Federal Regulations (or any successor regulation).
‘‘(2) STALL.—The term ‘stall’ means an aerodynamic loss of lift caused by exceeding the critical
angle of attack.
‘‘(3) STICK PUSHER.—The term ‘stick pusher’ means
a device that, at or near a stall, applies a nose down
pitch force to an aircraft’s control columns to attempt to decrease the aircraft’s angle of attack.
‘‘(4) UPSET.—The term ‘upset’ means an unusual
aircraft attitude.
‘‘SEC. 209. FAA RULEMAKING ON TRAINING PROGRAMS.
‘‘(a) COMPLETION OF RULEMAKING ON TRAINING PROGRAMS.—Not later than 14 months after the date of enactment of this Act [Aug. 1, 2010], the Administrator of
the Federal Aviation Administration shall issue a final
rule with respect to the notice of proposed rulemaking
published in the Federal Register on January 12, 2009
(74 Fed. Reg. 1280; relating to training programs for
flight crewmembers and aircraft dispatchers).

Page 902

‘‘(b) EXPERT PANEL TO REVIEW PART 121 AND PART 135
TRAINING HOURS.—
‘‘(1) ESTABLISHMENT.—Not later than 60 days after
the date of enactment of this Act, the Administrator
shall convene a multidisciplinary expert panel comprised of, at a minimum, air carrier representatives,
training facility representatives, instructional design
experts, aircraft manufacturers, safety organization
representatives, and labor union representatives.
‘‘(2) ASSESSMENT AND RECOMMENDATIONS.—The panel
shall assess and make recommendations concerning—
‘‘(A) the best methods and optimal time needed
for flight crewmembers of part 121 air carriers and
flight crewmembers of part 135 air carriers to master aircraft systems, maneuvers, procedures, takeoffs and landings, and crew coordination;
‘‘(B) initial and recurrent testing requirements
for pilots, including the rigor and consistency of
testing programs such as check rides;
‘‘(C) the optimal length of time between training
events for such flight crewmembers, including recurrent training events;
‘‘(D) the best methods reliably to evaluate mastery by such flight crewmembers of aircraft systems, maneuvers, procedures, takeoffs and landings, and crew coordination;
‘‘(E) classroom instruction requirements governing curriculum content and hours of instruction;
‘‘(F) the best methods to allow specific academic
training courses to be credited toward the total
flight hours required to receive an airline transport
pilot certificate; and
‘‘(G) crew leadership training.
‘‘(3) BEST PRACTICES.—In making recommendations
under subsection (b)(2), the panel shall consider, if
appropriate, best practices in the aviation industry
with respect to training protocols, methods, and procedures.
‘‘(4) REPORT.—Not later than one year after the
date of enactment of this Act, the Administrator
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committee on Commerce, Science, and Transportation of the Senate, and the National Transportation Safety Board a report based on the findings of
the panel.
‘‘SEC. 210. DISCLOSURE OF AIR CARRIERS OPERATING FLIGHTS FOR TICKETS SOLD FOR AIR
TRANSPORTATION.
‘‘[Amended section 41712 of this title.]
‘‘SEC. 211. SAFETY INSPECTIONS OF REGIONAL AIR
CARRIERS.
‘‘The Administrator of the Federal Aviation Administration shall perform, not less frequently than once
each year, random, onsite inspections of air carriers
that provide air transportation pursuant to a contract
with a part 121 air carrier to ensure that such air carriers are complying with all applicable safety standards
of the Administration.
‘‘SEC. 212. PILOT FATIGUE.
‘‘(a) FLIGHT AND DUTY TIME REGULATIONS.—
‘‘(1) IN GENERAL.—In accordance with paragraph (3),
the Administrator of the Federal Aviation Administration shall issue regulations, based on the best
available scientific information, to specify limitations on the hours of flight and duty time allowed for
pilots to address problems relating to pilot fatigue.
‘‘(2) MATTERS TO BE ADDRESSED.—In conducting the
rulemaking proceeding under this subsection, the Administrator shall consider and review the following:
‘‘(A) Time of day of flights in a duty period.
‘‘(B) Number of takeoff and landings in a duty period.
‘‘(C) Number of time zones crossed in a duty period.
‘‘(D) The impact of functioning in multiple time
zones or on different daily schedules.
‘‘(E) Research conducted on fatigue, sleep, and
circadian rhythms.

Page 903

TITLE 49—TRANSPORTATION

‘‘(F) Sleep and rest requirements recommended
by the National Transportation Safety Board and
the National Aeronautics and Space Administration.
‘‘(G) International standards regarding flight
schedules and duty periods.
‘‘(H) Alternative procedures to facilitate alertness in the cockpit.
‘‘(I) Scheduling and attendance policies and practices, including sick leave.
‘‘(J) The effects of commuting, the means of commuting, and the length of the commute.
‘‘(K) Medical screening and treatment.
‘‘(L) Rest environments.
‘‘(M) Any other matters the Administrator considers appropriate.
‘‘(3) RULEMAKING.—The Administrator shall issue—
‘‘(A) not later than 180 days after the date of enactment of this Act [Aug. 1, 2010], a notice of proposed rulemaking under paragraph (1); and
‘‘(B) not later than one year after the date of enactment of this Act, a final rule under paragraph
(1).
‘‘(b) FATIGUE RISK MANAGEMENT PLAN.—
‘‘(1) SUBMISSION OF FATIGUE RISK MANAGEMENT PLAN
BY PART 121 AIR CARRIERS.—Not later than 90 days
after the date of enactment of this Act, each part 121
air carrier shall submit to the Administrator for review and acceptance a fatigue risk management plan
for the carrier’s pilots.
‘‘(2) CONTENTS OF PLAN.—A fatigue risk management plan submitted by a part 121 air carrier under
paragraph (1) shall include the following:
‘‘(A) Current flight time and duty period limitations.
‘‘(B) A rest scheme consistent with such limitations that enables the management of pilot fatigue,
including annual training to increase awareness
of—
‘‘(i) fatigue;
‘‘(ii) the effects of fatigue on pilots; and
‘‘(iii) fatigue countermeasures.
‘‘(C) Development and use of a methodology that
continually assesses the effectiveness of the program, including the ability of the program—
‘‘(i) to improve alertness; and
‘‘(ii) to mitigate performance errors.
‘‘(3) REVIEW.—Not later than 12 months after the
date of enactment of this Act, the Administrator
shall review and accept or reject the fatigue risk
management plans submitted under this subsection.
If the Administrator rejects a plan, the Administrator shall provide suggested modifications for resubmission of the plan.
‘‘(4) PLAN UPDATES.—
‘‘(A) IN GENERAL.—A part 121 air carrier shall update its fatigue risk management plan under paragraph (1) every 2 years and submit the update to the
Administrator for review and acceptance.
‘‘(B) REVIEW.—Not later than 12 months after the
date of submission of a plan update under subparagraph (A), the Administrator shall review and accept or reject the update. If the Administrator rejects an update, the Administrator shall provide
suggested modifications for resubmission of the update.
‘‘(5) COMPLIANCE.—A part 121 air carrier shall comply with the fatigue risk management plan of the air
carrier that is accepted by the Administrator under
this subsection.
‘‘(6) CIVIL PENALTIES.—A violation of this subsection by a part 121 air carrier shall be treated as a
violation of chapter 447 of title 49, United States
Code, for purposes of the application of civil penalties
under chapter 463 of that title.
‘‘(c) EFFECT OF COMMUTING ON FATIGUE.—
‘‘(1) IN GENERAL.—Not later than 60 days after the
date of enactment of this Act, the Administrator
shall enter into appropriate arrangements with the
National Academy of Sciences to conduct a study of

§ 44701

the effects of commuting on pilot fatigue and report
its findings to the Administrator.
‘‘(2) STUDY.—In conducting the study, the National
Academy of Sciences shall consider—
‘‘(A) the prevalence of pilot commuting in the
commercial air carrier industry, including the
number and percentage of pilots who commute;
‘‘(B) information relating to commuting by pilots, including distances traveled, time zones
crossed, time spent, and methods used;
‘‘(C) research on the impact of commuting on
pilot fatigue, sleep, and circadian rhythms;
‘‘(D) commuting policies of commercial air carriers (including passenger and all-cargo air carriers), including pilot check-in requirements and
sick leave and fatigue policies;
‘‘(E) postconference materials from the Federal
Aviation Administration’s June 2008 symposium titled ‘Aviation Fatigue Management Symposium:
Partnerships for Solutions’;
‘‘(F) Federal Aviation Administration and international policies and guidance regarding commuting; and
‘‘(G) any other matters as the Administrator considers appropriate.
‘‘(3) PRELIMINARY FINDINGS.—Not later than 120
days after the date of entering into arrangements
under paragraph (1), the National Academy of Sciences shall submit to the Administrator its preliminary findings under the study.
‘‘(4) REPORT.—Not later than 9 months after the
date of entering into arrangements under paragraph
(1), the National Academy of Sciences shall submit a
report to the Administrator containing its findings
under the study and any recommendations for regulatory or administrative actions by the Federal Aviation Administration concerning commuting by pilots.
‘‘(5) RULEMAKING.—Following receipt of the report
of the National Academy of Sciences under paragraph
(4), the Administrator shall—
‘‘(A) consider the findings and recommendations
in the report; and
‘‘(B) update, as appropriate based on scientific
data, regulations required by subsection (a) on
flight and duty time.
‘‘SEC. 213. VOLUNTARY SAFETY PROGRAMS.
‘‘(a) REPORT.—Not later than 180 days after the date
of enactment of this Act [Aug. 1, 2010], the Administrator of the Federal Aviation Administration 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 aviation safety action program, the flight operational quality assurance program, the line operations safety audit, and the advanced qualification program.
‘‘(b) CONTENTS.—The report shall include—
‘‘(1) a list of—
‘‘(A) which air carriers are using one or more of
the voluntary safety programs referred to in subsection (a); and
‘‘(B) the voluntary safety programs each air carrier is using;
‘‘(2) if an air carrier is not using one or more of the
voluntary safety programs—
‘‘(A) a list of such programs the carrier is not
using; and
‘‘(B) the reasons the carrier is not using each such
program;
‘‘(3) if an air carrier is using one or more of the voluntary safety programs, an explanation of the benefits and challenges of using each such program;
‘‘(4) a detailed analysis of how the Administration
is using data derived from each of the voluntary safety programs as safety analysis and accident or incident prevention tools and a detailed plan on how the
Administration intends to expand data analysis of
such programs;
‘‘(5) an explanation of—

§ 44701

TITLE 49—TRANSPORTATION

‘‘(A) where the data derived from the voluntary
safety programs is stored;
‘‘(B) how the data derived from such programs is
protected and secured; and
‘‘(C) what data analysis processes air carriers are
implementing to ensure the effective use of the
data derived from such programs;
‘‘(6) a description of the extent to which aviation
safety inspectors are able to review data derived from
the voluntary safety programs to enhance their oversight responsibilities;
‘‘(7) a description of how the Administration plans
to incorporate operational trends identified under the
voluntary safety programs into the air transport
oversight system and other surveillance databases so
that such system and databases are more effectively
utilized;
‘‘(8) other plans to strengthen the voluntary safety
programs, taking into account reviews of such programs by the Inspector General of the Department of
Transportation; and
‘‘(9) such other matters as the Administrator determines are appropriate.
‘‘SEC. 214. ASAP AND FOQA IMPLEMENTATION
PLAN.
‘‘(a) DEVELOPMENT AND IMPLEMENTATION PLAN.—The
Administrator of the Federal Aviation Administration
shall develop and implement a plan to facilitate the establishment of an aviation safety action program and a
flight operational quality assurance program by all
part 121 air carriers.
‘‘(b) MATTERS TO BE CONSIDERED.—In developing the
plan under subsection (a), the Administrator shall consider—
‘‘(1) how the Administration can assist part 121 air
carriers with smaller fleet sizes to derive a benefit
from establishing a flight operational quality assurance program;
‘‘(2) how part 121 air carriers with established aviation safety action and flight operational quality assurance programs can quickly begin to report data
into the aviation safety information analysis sharing
database; and
‘‘(3) how part 121 air carriers and aviation safety inspectors can better utilize data from such database as
accident and incident prevention tools.
‘‘(c) REPORT.—Not later than 180 days after the date
of enactment of this Act [Aug. 1, 2010], the 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 copy of the plan developed under subsection (a) and an explanation of how
the Administration will implement the plan.
‘‘(d) DEADLINE FOR BEGINNING IMPLEMENTATION OF
PLAN.—Not later than one year after the date of enactment of this Act, the Administrator shall begin implementation of the plan developed under subsection (a).
‘‘SEC. 215. SAFETY MANAGEMENT SYSTEMS.
‘‘(a) RULEMAKING.—The Administrator of the Federal
Aviation Administration shall conduct a rulemaking
proceeding to require all part 121 air carriers to implement a safety management system.
‘‘(b) MATTERS TO CONSIDER.—In conducting the rulemaking under subsection (a), the Administrator shall
consider, at a minimum, including each of the following as a part of the safety management system:
‘‘(1) An aviation safety action program.
‘‘(2) A flight operational quality assurance program.
‘‘(3) A line operations safety audit.
‘‘(4) An advanced qualification program.
‘‘(c) DEADLINES.—The Administrator shall issue—
‘‘(1) not later than 90 days after the date of enactment of this Act [Aug. 1, 2010], a notice of proposed
rulemaking under subsection (a); and
‘‘(2) not later than 24 months after the date of enactment of this Act, a final rule under subsection (a).
‘‘(d) SAFETY MANAGEMENT SYSTEM DEFINED.—In this
section, the term ‘safety management system’ means

Page 904

the program established by the Federal Aviation Administration in Advisory Circular 120–92, dated June 22,
2006, including any subsequent revisions thereto.
‘‘SEC. 216. FLIGHT CREWMEMBER SCREENING AND
QUALIFICATIONS.
‘‘(a) REQUIREMENTS.—
‘‘(1) RULEMAKING PROCEEDING.—The Administrator
of the Federal Aviation Administration shall conduct
a rulemaking proceeding to require part 121 air carriers to develop and implement means and methods
for ensuring that flight crewmembers have proper
qualifications and experience.
‘‘(2) MINIMUM REQUIREMENTS.—
‘‘(A) PROSPECTIVE FLIGHT CREWMEMBERS.—Rules
issued under paragraph (1) shall ensure that prospective flight crewmembers undergo comprehensive preemployment screening, including an assessment of the skills, aptitudes, airmanship, and suitability of each applicant for a position as a flight
crewmember in terms of functioning effectively in
the air carrier’s operational environment.
‘‘(B) ALL FLIGHT CREWMEMBERS.—Rules issued
under paragraph (1) shall ensure that, after the date
that is 3 years after the date of enactment of this
Act [Aug. 1, 2010], all flight crewmembers—
‘‘(i) have obtained an airline transport pilot certificate under part 61 of title 14, Code of Federal
Regulations; and
‘‘(ii) have appropriate multi-engine aircraft
flight experience, as determined by the Administrator.
‘‘(b) DEADLINES.—The Administrator shall issue—
‘‘(1) not later than 180 days after the date of enactment of this Act, a notice of proposed rulemaking
under subsection (a); and
‘‘(2) not later than 24 months after such date of enactment, a final rule under subsection (a).
‘‘(c) DEFAULT.—The requirement that each flight
crewmember for a part 121 air carrier hold an airline
transport pilot certificate under part 61 of title 14, Code
of Federal Regulations, shall begin to apply on the date
that is 3 years after the date of enactment of this Act
even if the Administrator fails to meet a deadline established under this section.
‘‘SEC. 217. AIRLINE TRANSPORT PILOT CERTIFICATION.
‘‘(a) RULEMAKING PROCEEDING.—The Administrator of
the Federal Aviation Administration shall conduct a
rulemaking proceeding to amend part 61 of title 14,
Code of Federal Regulations, to modify requirements
for the issuance of an airline transport pilot certificate.
‘‘(b) MINIMUM REQUIREMENTS.—To be qualified to receive an airline transport pilot certificate pursuant to
subsection (a), an individual shall—
‘‘(1) have sufficient flight hours, as determined by
the Administrator, to enable a pilot to function effectively in an air carrier operational environment; and
‘‘(2) have received flight training, academic training, or operational experience that will prepare a
pilot, at a minimum, to—
‘‘(A) function effectively in a multipilot environment;
‘‘(B) function effectively in adverse weather conditions, including icing conditions;
‘‘(C) function effectively during high altitude operations;
‘‘(D) adhere to the highest professional standards;
and
‘‘(E) function effectively in an air carrier operational environment.
‘‘(c) FLIGHT HOURS.—
‘‘(1) NUMBERS OF FLIGHT HOURS.—The total flight
hours required by the Administrator under subsection (b)(1) shall be at least 1,500 flight hours.
‘‘(2) FLIGHT HOURS IN DIFFICULT OPERATIONAL CONDITIONS.—The total flight hours required by the Administrator under subsection (b)(1) shall include sufficient flight hours, as determined by the Administrator, in difficult operational conditions that may

Page 905

TITLE 49—TRANSPORTATION

be encountered by an air carrier to enable a pilot to
operate safely in such conditions.
‘‘(d) CREDIT TOWARD FLIGHT HOURS.—The Administrator may allow specific academic training courses,
beyond those required under subsection (b)(2), to be
credited toward the total flight hours required under
subsection (c). The Administrator may allow such credit based on a determination by the Administrator that
allowing a pilot to take specific academic training
courses will enhance safety more than requiring the
pilot to fully comply with the flight hours requirement.
‘‘(e) RECOMMENDATIONS OF EXPERT PANEL.—In conducting the rulemaking proceeding under this section,
the Administrator shall review and consider the assessment and recommendations of the expert panel to review part 121 and part 135 training hours established by
section 209(b) of this Act.
‘‘(f) DEADLINE.—Not later than 36 months after the
date of enactment of this Act [Aug. 1, 2010], the Administrator shall issue a final rule under subsection (a).’’
FAA INSPECTOR TRAINING
Pub. L. 108–176, title V, § 506, Dec. 12, 2003, 117 Stat.
2560, provided that:
‘‘(a) STUDY.—
‘‘(1) IN GENERAL.—The Comptroller General shall
conduct a study of the training of the aviation safety
inspectors of the Federal Aviation Administration (in
this section referred to as ‘FAA inspectors’).
‘‘(2) CONTENTS.—The study shall include—
‘‘(A) an analysis of the type of training provided
to FAA inspectors;
‘‘(B) actions that the Federal Aviation Administration has undertaken to ensure that FAA inspectors receive up-to-date training on the latest technologies;
‘‘(C) the extent of FAA inspector training provided by the aviation industry and whether such
training is provided without charge or on a quid pro
quo basis; and
‘‘(D) the amount of travel that is required of FAA
inspectors in receiving training.
‘‘(3) REPORT.—Not later than 1 year after the date
of enactment of this Act [Dec. 12, 2003], the Comptroller General shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on
the results of the study.
‘‘(b) SENSE OF THE HOUSE.—It is the sense of the
House of Representatives that—
‘‘(1) FAA inspectors should be encouraged to take
the most up-to-date initial and recurrent training on
the latest aviation technologies;
‘‘(2) FAA inspector training should have a direct relation to an individual’s job requirements; and
‘‘(3) if possible, a FAA inspector should be allowed
to take training at the location most convenient for
the inspector.
‘‘(c) WORKLOAD OF INSPECTORS.—
‘‘(1) STUDY BY NATIONAL ACADEMY OF SCIENCES.—Not
later than 90 days after the date of enactment of this
Act [Dec. 12, 2003], the Administrator of the Federal
Aviation Administration shall make appropriate arrangements for the National Academy of Sciences to
conduct a study of the assumptions and methods used
by the Federal Aviation Administration to estimate
staffing standards for FAA inspectors to ensure proper oversight over the aviation industry, including the
designee program.
‘‘(2) CONTENTS.—The study shall include the following:
‘‘(A) A suggested method of modifying FAA inspectors staffing models for application to current
local conditions or applying some other approach to
developing an objective staffing standard.
‘‘(B) The approximate cost and length of time for
developing such models.
‘‘(3) REPORT.—Not later than 12 months after the
initiation of the arrangements under subsection (a),

§ 44701

the National Academy of Sciences shall transmit to
Congress a report on the results of the study.’’
AIR TRANSPORTATION OVERSIGHT SYSTEM
Pub. L. 106–181, title V, § 513, Apr. 5, 2000, 114 Stat. 144,
provided that:
‘‘(a) REPORT.—Not later than August 1, 2000, the Administrator [of the Federal Aviation Administration]
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation
of the Senate a report on the progress of the Federal
Aviation Administration in implementing the air
transportation oversight system, including in detail
the training of inspectors under the system, the number of inspectors using the system, air carriers subject
to the system, and the budget for the system.
‘‘(b) REQUIRED CONTENTS.—At a minimum, the report
shall indicate—
‘‘(1) any funding or staffing constraints that would
adversely impact the Administration’s ability to continue to develop and implement the air transportation oversight system;
‘‘(2) progress in integrating the aviation safety data
derived from such system’s inspections with existing
aviation data of the Administration in the safety performance analysis system of the Administration; and
‘‘(3) the Administration’s efforts in collaboration
with the aviation industry to develop and validate
safety performance measures and appropriate risk
weightings for such system.
‘‘(c) UPDATE.—Not later than August 1, 2002, the Administrator shall update the report submitted under
this section and transmit the updated report to the
committees referred to in subsection (a).’’
REGULATION OF ALASKA GUIDE PILOTS
Pub. L. 106–181, title VII, § 732, Apr. 5, 2000, 114 Stat.
168, provided that:
‘‘(a) IN GENERAL.—Beginning on the date of the enactment of this Act [Apr. 5, 2000], flight operations conducted by Alaska guide pilots shall be regulated under
the general operating and flight rules contained in part
91 of title 14, Code of Federal Regulations.
‘‘(b) RULEMAKING PROCEEDING.—
‘‘(1) IN GENERAL.—The Administrator [of the Federal Aviation Administration] shall conduct a rulemaking proceeding and issue a final rule to modify
the general operating and flight rules referred to in
subsection (a) by establishing special rules applicable
to the flight operations conducted by Alaska guide
pilots.
‘‘(2) CONTENTS OF RULES.—A final rule issued by the
Administrator under paragraph (1) shall require Alaska guide pilots—
‘‘(A) to operate aircraft inspected no less often
than after 125 hours of flight time;
‘‘(B) to participate in an annual flight review, as
described in section 61.56 of title 14, Code of Federal
Regulations;
‘‘(C) to have at least 500 hours of flight time as a
pilot;
‘‘(D) to have a commercial rating, as described in
subpart F of part 61 of such title;
‘‘(E) to hold at least a second-class medical certificate, as described in subpart C of part 67 of such
title;
‘‘(F) to hold a current letter of authorization issued by the Administrator; and
‘‘(G) to take such other actions as the Administrator determines necessary for safety.
‘‘(3) CONSIDERATION.—In making a determination to
impose a requirement under paragraph (2)(G), the Administrator shall take into account the unique conditions associated with air travel in the State of Alaska to ensure that such requirements are not unduly
burdensome.
‘‘(c) DEFINITIONS.—In this section, the following definitions apply:

§ 44701

TITLE 49—TRANSPORTATION

‘‘(1) LETTER OF AUTHORIZATION.—The term ‘letter of
authorization’ means a letter issued by the Administrator once every 5 years to an Alaska guide pilot
certifying that the pilot is in compliance with general operating and flight rules applicable to the pilot.
In the case of a multi-pilot operation, at the election
of the operating entity, a letter of authorization may
be issued by the Administrator to the entity or to
each Alaska guide pilot employed by the entity.
‘‘(2) ALASKA GUIDE PILOT.—The term ‘Alaska guide
pilot’ means a pilot who—
‘‘(A) conducts aircraft operations over or within
the State of Alaska;
‘‘(B) operates single engine, fixed-wing aircraft on
floats, wheels, or skis, providing commercial hunting, fishing, or other guide services and related accommodations in the form of camps or lodges; and
‘‘(C) transports clients by such aircraft incidental
to hunting, fishing, or other guide services.’’
AVIATION MEDICAL ASSISTANCE
Pub. L. 105–170, Apr. 24, 1998, 112 Stat. 47, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Aviation Medical Assistance Act of 1998’.
‘‘SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING.
‘‘Not later than 1 year after the date of the enactment of this Act [Apr. 24, 1998], the Administrator of
the Federal Aviation Administration shall reevaluate
regulations regarding: (1) the equipment required to be
carried in medical kits of aircraft operated by air carriers; and (2) the training required of flight attendants
in the use of such equipment, and, if the Administrator
determines that such regulations should be modified as
a result of such reevaluation, shall issue a notice of
proposed rulemaking to modify such regulations.
‘‘SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT.
‘‘(a) IN GENERAL.—During the 1-year period beginning
on the 90th day following the date of the enactment of
this Act [Apr. 24, 1998], a major air carrier shall make
a good faith effort to obtain, and shall submit quarterly reports to the Administrator of the Federal Aviation Administration on, the following:
‘‘(1) The number of persons who died on aircraft of
the air carrier, including any person who was declared dead after being removed from such an aircraft
as a result of a medical incident that occurred on
such aircraft.
‘‘(2) The age of each such person.
‘‘(3) Any information concerning cause of death
that is available at the time such person died on the
aircraft or is removed from the aircraft or that subsequently becomes known to the air carrier.
‘‘(4) Whether or not the aircraft was diverted as a
result of the death or incident.
‘‘(5) Such other information as the Administrator
may request as necessary to aid in a decision as to
whether or not to require automatic external defibrillators in airports or on aircraft operated by air
carriers, or both.
‘‘(b) FORMAT.—The Administrator may specify a format for reports to be submitted under this section.
‘‘SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS.
‘‘(a) IN GENERAL.—Not later than 120 days after the
last day of the 1-year period described in section 3, the
Administrator of the Federal Aviation Administration
shall make a decision on whether or not to require
automatic external defibrillators on passenger aircraft
operated by air carriers and whether or not to require
automatic external defibrillators at airports.
‘‘(b) FORM OF DECISION.—A decision under this section
shall be in the form of a notice of proposed rulemaking
requiring automatic external defibrillators in airports
or on passenger aircraft operated by air carriers, or

Page 906

both, or a recommendation to Congress for legislation
requiring such defibrillators or a notice in the Federal
Register that such defibrillators should not be required
in airports or on such aircraft. If a decision under this
section is in the form of a notice of proposed rulemaking, the Administrator shall make a final decision
not later than the 120th day following the date on
which comments are due on the notice of proposed rulemaking.
‘‘(c) CONTENTS.—If the Administrator decides that
automatic external defibrillators should be required—
‘‘(1) on passenger aircraft operated by air carriers,
the proposed rulemaking or recommendation shall include—
‘‘(A) the size of the aircraft on which such defibrillators should be required;
‘‘(B) the class flights (whether interstate, overseas, or foreign air transportation or any combination thereof) on which such defibrillators should be
required;
‘‘(C) the training that should be required for air
carrier personnel in the use of such defibrillators;
and
‘‘(D) the associated equipment and medication
that should be required to be carried in the aircraft
medical kit; and
‘‘(2) at airports, the proposed rulemaking or recommendation shall include—
‘‘(A) the size of the airport at which such defibrillators should be required;
‘‘(B) the training that should be required for airport personnel in the use of such defibrillators; and
‘‘(C) the associated equipment and medication
that should be required at the airport.
‘‘(d) LIMITATION.—The Administrator may not require
automatic external defibrillators on helicopters and on
aircraft with a maximum payload capacity (as defined
in section 119.3 of title 14, Code of Federal Regulations)
of 7,500 pounds or less.
‘‘(e) SPECIAL RULE.—If the Administrator decides
that automatic external defibrillators should be required at airports, the proposed rulemaking or recommendation shall provide that the airports are responsible for providing the defibrillators.
‘‘SEC. 5. LIMITATIONS ON LIABILITY.
‘‘(a) LIABILITY OF AIR CARRIERS.—An air carrier shall
not be liable for damages in any action brought in a
Federal or State court arising out of the performance
of the air carrier in obtaining or attempting to obtain
the assistance of a passenger in an in-flight medical
emergency, or out of the acts or omissions of the passenger rendering the assistance, if the passenger is not
an employee or agent of the carrier and the carrier in
good faith believes that the passenger is a medically
qualified individual.
‘‘(b) LIABILITY OF INDIVIDUALS.—An individual shall
not be liable for damages in any action brought in a
Federal or State court arising out of the acts or omissions of the individual in providing or attempting to
provide assistance in the case of an in-flight medical
emergency unless the individual, while rendering such
assistance, is guilty of gross negligence or willful misconduct.
‘‘SEC. 6. DEFINITIONS.
‘‘In this Act—
‘‘(1) the terms ‘air carrier’, ‘aircraft’, ‘airport’,
‘interstate air transportation’, ‘overseas air transportation’, and ‘foreign air transportation’ have the
meanings such terms have under section 40102 of title
49, United States Code;
‘‘(2) the term ‘major air carrier’ means an air carrier certificated under section 41102 of title 49, United
States Code, that accounted for at least 1 percent of
domestic scheduled-passenger revenues in the 12
months ending March 31 of the most recent year preceding the date of the enactment of this Act [Apr. 24,
1998], as reported to the Department of Transportation pursuant to part 241 of title 14 of the Code of
Federal Regulations; and

Page 907

§ 44702

TITLE 49—TRANSPORTATION

‘‘(3) the term ‘medically qualified individual’ includes any person who is licensed, certified, or otherwise qualified to provide medical care in a State, including a physician, nurse, physician assistant, paramedic, and emergency medical technician.’’

HISTORICAL AND REVISION NOTES
Revised
Section
44702(a) ......

Source (U.S. Code)
49 App.:1422(a)
(1st–10th words).

§ 44702. Issuance of certificates
(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.

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).

(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 Administrator’s 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1186;
Pub. L. 108–176, title II, § 227(a), Dec. 12, 2003, 117
Stat. 2531.)

49 App.:1655(c)(1).

44702(b) ......

44702(c) ......
44702(d) ......

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§§ 314 (less (a) (last sentence related to fees)),
601(b) (1st sentence related to issuing certificates,
2d
sentence),
602(a)
(1st–8th 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.

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 612(a) (related to issuing certificates);
added May 21, 1970, Pub.
L. 91–258, § 51(b)(1), 84
Stat. 234; restated Sept. 3,
1982,
Pub.
L.
97–248,
§ 525(a), 96 Stat. 697.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444.

49 App.:1421(b) (1st
sentence related
to issuing certificates).
49 App.:1655(c)(1).
49 App.:1421(b) (2d
sentence).
49 App.:1655(c)(1).
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 85–726, 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