USCODE-2011-title49-subtitleVII-partA-subpartiii

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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 OVERSIGHT RESPONSIBILITIES.—
(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.
(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.

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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.

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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

Source (U.S. Code)

Source (Statutes at Large)

44702(a) ......

49 App.:1422(a)
(1st–10th words).

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.

§ 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) ......

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

§ 44703

TITLE 49—TRANSPORTATION

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).
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–176 inserted ‘‘design organization certificates,’’ after ‘‘airman certificates,’’ in
introductory provisions.
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–176, 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 METHODS
Pub. L. 108–176, 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.’’

§ 44703. Airman certificates
(a) GENERAL.—The Administrator of the Federal Aviation Administration shall issue an airman certificate to an individual when the Administrator finds, after investigation, that the
individual is qualified for, and physically able to
perform the duties related to, the position to be
authorized by the certificate.
(b) CONTENTS.—(1) An airman certificate
shall—
(A) be numbered and recorded by the Administrator of the Federal Aviation Administration;
(B) contain the name, address, and description of the individual to whom the certificate
is issued;
(C) contain terms the Administrator decides
are necessary to ensure safety in air commerce, including terms on the duration of the
certificate, periodic or special examinations,
and tests of physical fitness;
(D) specify the capacity in which the holder
of the certificate may serve as an airman with
respect to an aircraft; and
(E) designate the class the certificate covers.
(2) A certificate issued to a pilot serving in
scheduled air transportation shall have the designation ‘‘airline transport pilot’’ of the appropriate class.
(c) PUBLIC INFORMATION.—
(1) IN GENERAL.—Subject to paragraph (2)
and notwithstanding any other provision of
law, the information contained in the records
of contents of any airman certificate issued
under this section that is limited to an airman’s name, address, and ratings held shall be
made available to the public after the 120th
day following the date of the enactment of the
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century.
(2) OPPORTUNITY TO WITHHOLD INFORMATION.—
Before making any information concerning an
airman available to the public under paragraph (1), the airman shall be given an opportunity to elect that the information not be
made available to the public.
(3) DEVELOPMENT AND IMPLEMENTATION OF
PROGRAM.—Not later than 60 days after the

Page 908

date of the enactment of the Wendell H. Ford
Aviation Investment and Reform Act for the
21st Century, the Administrator shall develop
and implement, in cooperation with representatives of the aviation industry, a one-time
written notification to airmen to set forth the
implications of making information concerning an airman available to the public under
paragraph (1) and to carry out paragraph (2).
The Administrator shall also provide such
written notification to each individual who becomes an airman after such date of enactment.
(d) APPEALS.—(1) An individual whose application for the issuance or renewal of an airman
certificate has been denied may appeal the denial to the National Transportation Safety
Board, except if the individual holds a certificate that—
(A) is suspended at the time of denial; or
(B) was revoked within one year from the
date of the denial.
(2) The Board shall conduct a hearing on the
appeal at a place convenient to the place of residence or employment of the applicant. The
Board is not bound by findings of fact of the Administrator of the Federal Aviation Administration but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law. At the end of the
hearing, the Board shall decide whether the individual meets the applicable regulations and
standards. The Administrator is bound by that
decision.
(e) RESTRICTIONS AND PROHIBITIONS.—The Administrator of the Federal Aviation Administration may—
(1) restrict or prohibit issuing an airman
certificate to an alien; or
(2) make issuing the certificate to an alien
dependent on a reciprocal agreement with the
government of a foreign country.
(f) CONTROLLED SUBSTANCE VIOLATIONS.—The
Administrator of the Federal Aviation Administration may not issue an airman certificate to
an individual whose certificate is revoked under
section 44710 of this title except—
(1) when the Administrator decides that issuing the certificate will facilitate law enforcement efforts; and
(2) as provided in section 44710(e)(2) of this
title.
(g) MODIFICATIONS IN SYSTEM.—(1) The Administrator of the Federal Aviation Administration
shall make modifications in the system for issuing airman certificates necessary to make the
system more effective in serving the needs of
airmen and 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)) and related to combating
acts of terrorism. The modifications shall ensure positive and verifiable identification of
each individual applying for or holding a certificate and shall address at least each of the following deficiencies in, and abuses of, the existing system:

Page 909

TITLE 49—TRANSPORTATION

(A) the use of fictitious names and addresses
by applicants for those certificates.
(B) the use of stolen or fraudulent identification in applying for those certificates.
(C) the use by an applicant of a post office
box or ‘‘mail drop’’ as a return address to
evade identification of the applicant’s address.
(D) the use of counterfeit and stolen airman
certificates by pilots.
(E) the absence of information about physical characteristics of holders of those certificates.
(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 Customs, 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.
(3) For purposes of this section, the term ‘‘acts
of terrorism’’ means an activity that involves a
violent act or an act dangerous to human life
that is a violation of the criminal laws of the
United States or of any State, or that would be
a criminal violation if committed within the jurisdiction of the United States or of any State,
and appears to be intended to intimidate or coerce a civilian population to influence the policy
of a government by intimidation or coercion or
to affect the conduct of a government by assassination or kidnaping.
(4) The Administrator is authorized and directed to work with State and local authorities,
and other Federal agencies, to assist in the identification of individuals applying for or holding
airmen certificates.
(h) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.—
(1) IN GENERAL.—Subject to paragraph (14),
before allowing an individual to begin service
as a pilot, an air carrier shall request and receive the following information:
(A) FAA RECORDS.—From the Administrator of the Federal Aviation Administration, records pertaining to the individual
that are maintained by the Administrator
concerning—
(i) current airman certificates (including
airman medical certificates) and associated type ratings, including any limitations to those certificates and ratings; and
(ii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under
this title that was not subsequently overturned.
(B) AIR CARRIER AND OTHER RECORDS.—
From any air carrier or other person (except
a branch of the United States Armed Forces,
the National Guard, or a reserve component

§ 44703

of the United States Armed Forces) that has
employed the individual as a pilot of a civil
or public aircraft at any time during the 5year period preceding the date of the employment application of the individual, or
from the trustee in bankruptcy for such air
carrier or person—
(i) records pertaining to the individual
that are maintained by an air carrier
(other than records relating to flight time,
duty time, or rest time) under regulations
set forth in—
(I) section 121.683 of title 14, Code of
Federal Regulations;
(II) paragraph (A) of section VI, appendix I, part 121 of such title;
(III) paragraph (A) of section IV, appendix J, part 121 of such title;
(IV) section 125.401 of such title; and
(V) section 135.63(a)(4) of such title;
and
(ii) other records pertaining to the individual’s performance as a pilot that are
maintained by the air carrier or person
concerning—
(I) the training, qualifications, proficiency, or professional competence of
the individual, including comments and
evaluations made by a check airman designated in accordance with section
121.411, 125.295, or 135.337 of such title;
(II) any disciplinary action taken with
respect to the individual that was not
subsequently overturned; and
(III) any release from employment or
resignation, termination, or disqualification with respect to employment.
(C) NATIONAL DRIVER REGISTER RECORDS.—
In accordance with section 30305(b)(8) of this
title, from the chief driver licensing official
of a State, information concerning the
motor vehicle driving record of the individual.
(2) WRITTEN CONSENT; RELEASE FROM LIABILITY.—An air carrier making a request for
records under paragraph (1)—
(A) shall be required to obtain written consent to the release of those records from the
individual that is the subject of the records
requested; and
(B) may, notwithstanding any other provision of law or agreement to the contrary, require the individual who is the subject of the
records to request to execute a release from
liability for any claim arising from the furnishing of such records to or the use of such
records by such air carrier (other than a
claim arising from furnishing information
known to be false and maintained in violation of a criminal statute).
(3) 5-YEAR REPORTING PERIOD.—A person shall
not furnish a record in response to a request
made under paragraph (1) if the record was entered more than 5 years before the date of the
request, unless the information concerns a
revocation or suspension of an airman certificate or motor vehicle license that is in effect
on the date of the request.
(4) REQUIREMENT TO MAINTAIN RECORDS.—The
Administrator and air carriers shall maintain

§ 44703

TITLE 49—TRANSPORTATION

pilot records described in paragraphs (1)(A)
and (1)(B) for a period of at least 5 years.
(5) RECEIPT OF CONSENT; PROVISION OF INFORMATION.—A person shall not furnish a record in
response to a request made under paragraph
(1) without first obtaining a copy of the written consent of the individual who is the subject of the records requested; except that, for
purposes of paragraph (15), the Administrator
may allow an individual designated by the Administrator to accept and maintain written
consent on behalf of the Administrator for
records requested under paragraph (1)(A). A
person who receives a request for records
under this subsection shall furnish a copy of
all of such requested records maintained by
the person not later than 30 days after receiving the request.
(6) RIGHT TO RECEIVE NOTICE AND COPY OF ANY
RECORD FURNISHED.—A person who receives a
request for records under paragraph (1) shall
provide to the individual who is the subject of
the records—
(A) on or before the 20th day following the
date of receipt of the request, written notice
of the request and of the individual’s right
to receive a copy of such records; and
(B) in accordance with paragraph (10), a
copy of such records, if requested by the individual.
(7) REASONABLE CHARGES FOR PROCESSING REQUESTS AND FURNISHING COPIES.—A person who
receives a request under paragraph (1) or (6)
may establish a reasonable charge for the cost
of processing the request and furnishing copies
of the requested records.
(8) STANDARD FORMS.—The Administrator
shall promulgate—
(A) standard forms that may be used by an
air carrier to request records under paragraph (1); and
(B) standard forms that may be used by an
air carrier to—
(i) obtain the written consent of the individual who is the subject of a request
under paragraph (1); and
(ii) inform the individual of—
(I) the request; and
(II) the individual right of that individual to receive a copy of any records furnished in response to the request.
(9) RIGHT TO CORRECT INACCURACIES.—An air
carrier that maintains or requests and receives the records of an individual under paragraph (1) shall provide the individual with a
reasonable opportunity to submit written
comments to correct any inaccuracies contained in the records before making a final
hiring decision with respect to the individual.
(10) RIGHT OF PILOT TO REVIEW CERTAIN
RECORDS.—Notwithstanding any other provision of law or agreement, an air carrier shall,
upon written request from a pilot who is or
has been employed by such carrier, make
available, within a reasonable time, but not
later than 30 days after the date of the request, to the pilot for review, any and all employment records referred to in paragraph
(1)(B)(i) or (ii) pertaining to the employment
of the pilot.

Page 910

(11) PRIVACY PROTECTIONS.—An air carrier
that receives the records of an individual
under paragraph (1) may use such records only
to assess the qualifications of the individual in
deciding whether or not to hire the individual
as a pilot. The air carrier shall take such actions as may be necessary to protect the privacy of the pilot and the confidentiality of the
records, including ensuring that information
contained in the records is not divulged to any
individual that is not directly involved in the
hiring decision.
(12) PERIODIC REVIEW.—Not later than 18
months after the date of the enactment of the
Pilot Records Improvement Act of 1996, and at
least once every 3 years thereafter, the Administrator shall transmit to Congress a
statement that contains, taking into account
recent developments in the aviation industry—
(A) recommendations by the Administrator concerning proposed changes to Federal Aviation Administration records, air
carrier records, and other records required
to be furnished under subparagraphs (A) and
(B) of paragraph (1); or
(B) reasons why the Administrator does
not recommend any proposed changes to the
records referred to in subparagraph (A).
(13) REGULATIONS.—The Administrator shall
prescribe such regulations as may be necessary—
(A) to protect—
(i) the personal privacy of any individual
whose records are requested under paragraph (1) and disseminated under paragraph (15); and
(ii) the confidentiality of those records;
(B) to preclude the further dissemination
of records received under paragraph (1) by
the person who requested those records; and
(C) to ensure prompt compliance with any
request made under paragraph (1).
(14) SPECIAL RULES WITH RESPECT TO CERTAIN
PILOTS.—
(A) PILOTS OF CERTAIN SMALL AIRCRAFT.—
Notwithstanding paragraph (1), an air carrier, before receiving information requested
about an individual under paragraph (1),
may allow the individual to begin service for
a period not to exceed 90 days as a pilot of
an 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, or a helicopter, on a flight that is
not a scheduled operation (as defined in such
section). Before the end of the 90-day period,
the air carrier shall obtain and evaluate
such information. The contract between the
carrier and the individual shall contain a
term that provides that the continuation of
the individual’s employment, after the last
day of the 90-day period, depends on a satisfactory evaluation.
(B) GOOD FAITH EXCEPTION.—Notwithstanding paragraph (1), an air carrier, without obtaining information about an individual
under paragraph (1)(B) from an air carrier or
other person that no longer exists or from a
foreign government or entity that employed

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TITLE 49—TRANSPORTATION

the individual, may allow the individual to
begin service as a pilot if the air carrier required to request the information has made
a documented good faith attempt to obtain
such information.
(15) ELECTRONIC ACCESS TO FAA RECORDS.—
For the purpose of increasing timely and efficient access to Federal Aviation Administration records described in paragraph (1), the
Administrator may allow, under terms established by the Administrator, an individual designated by the air carrier to have electronic
access to a specified database containing information about such records. The terms shall
limit such access to instances in which information in the database is required by the designated individual in making a hiring decision
concerning a pilot applicant and shall require
that the designated individual provide assurances satisfactory to the Administrator that
information obtained using such access will
not be used for any purpose other than making
the hiring decision.
(16) APPLICABILITY.—This subsection shall
cease to be effective on the date specified in
regulations issued under subsection (i).
(i) FAA PILOT RECORDS DATABASE.—
(1) IN GENERAL.—Before allowing an individual to begin service as a pilot, an air carrier
shall access and evaluate, in accordance with
the requirements of this subsection, information pertaining to the individual from the
pilot records database established under paragraph (2).
(2) PILOT RECORDS DATABASE.—The Administrator shall establish an electronic database
(in this subsection referred to as the ‘‘database’’) containing the following records:
(A) FAA RECORDS.—From the Administrator—
(i) records that are maintained by the
Administrator concerning current airman
certificates, including airman medical certificates and associated type ratings and
information on any limitations to those
certificates and ratings;
(ii) records that are maintained by the
Administrator concerning any failed attempt of an individual to pass a practical
test required to obtain a certificate or
type rating under part 61 of title 14, Code
of Federal Regulations; and
(iii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under
this title that was not subsequently overturned.
(B) AIR CARRIER AND OTHER RECORDS.—
From any air carrier or other person (except
a branch of the Armed Forces, the National
Guard, or a reserve component of the Armed
Forces) that has employed an individual as a
pilot of a civil or public aircraft, or from the
trustee in bankruptcy for the air carrier or
person—
(i) records pertaining to the individual
that are maintained by the air carrier
(other than records relating to flight time,
duty time, or rest time) or person, including records under regulations set forth in—

§ 44703

(I) section 121.683 of title 14, Code of
Federal Regulations;
(II) section 121.111(a) of such title;
(III) section 121.219(a) of such title;
(IV) section 125.401 of such title; and
(V) section 135.63(a)(4) of such title;
and
(ii) other records pertaining to the individual’s performance as a pilot that are
maintained by the air carrier or person
concerning—
(I) the training, qualifications, proficiency, or professional competence of
the individual, including comments and
evaluations made by a check airman designated in accordance with section
121.411, 125.295, or 135.337 of such title;
(II) any disciplinary action taken with
respect to the individual that was not
subsequently overturned; and
(III) any release from employment or
resignation, termination, or disqualification with respect to employment.
(C) NATIONAL DRIVER REGISTER RECORDS.—
In accordance with section 30305(b)(8) of this
title, from the chief driver licensing official
of a State, information concerning the
motor vehicle driving record of the individual.
(3) WRITTEN CONSENT; RELEASE FROM LIABILITY.—An air carrier—
(A) shall obtain the written consent of an
individual before accessing records pertaining to the individual under paragraph (1);
and
(B) may, notwithstanding any other provision of law or agreement to the contrary, require an individual with respect to whom the
carrier is accessing records under paragraph
(1) to execute a release from liability for any
claim arising from accessing the records or
the use of such records by the air carrier in
accordance with this section (other than a
claim arising from furnishing information
known to be false and maintained in violation of a criminal statute).
(4) REPORTING.—
(A) REPORTING BY ADMINISTRATOR.—The
Administrator shall enter data described in
paragraph (2)(A) into the database promptly
to ensure that an individual’s records are
current.
(B) REPORTING BY AIR CARRIERS AND OTHER
PERSONS.—
(i) IN GENERAL.—Air carriers and other
persons shall report data described in
paragraphs (2)(B) and (2)(C) to the Administrator promptly for entry into the database.
(ii) DATA TO BE REPORTED.—Air carriers
and other persons shall report, at a minimum, under clause (i) the following data
described in paragraph (2)(B):
(I) Records that are generated by the
air carrier or other person after the date
of enactment of this paragraph.
(II) Records that the air carrier or
other person is maintaining, on such
date of enactment, pursuant to subsection (h)(4).

§ 44703

TITLE 49—TRANSPORTATION

(5) REQUIREMENT TO MAINTAIN RECORDS.—The
Administrator—
(A) shall maintain all records entered into
the database under paragraph (2) pertaining
to an individual until the date of receipt of
notification that the individual is deceased;
and
(B) may remove the individual’s records
from the database after that date.
(6) RECEIPT OF CONSENT.—The Administrator
shall not permit an air carrier to access
records pertaining to an individual from the
database under paragraph (1) without the air
carrier first demonstrating to the satisfaction
of the Administrator that the air carrier has
obtained the written consent of the individual.
(7) RIGHT OF PILOT TO REVIEW CERTAIN
RECORDS AND CORRECT INACCURACIES.—Notwithstanding any other provision of law or agreement, the Administrator, upon receipt of written request from an individual—
(A) shall make available, not later than 30
days after the date of the request, to the individual for review all records referred to in
paragraph (2) pertaining to the individual;
and
(B) shall provide the individual with a reasonable opportunity to submit written comments to correct any inaccuracies contained
in the records.
(8) REASONABLE CHARGES FOR PROCESSING REQUESTS AND FURNISHING COPIES.—
(A) IN GENERAL.—The Administrator may
establish a reasonable charge for the cost of
processing a request under paragraph (1) or
(7) and for the cost of furnishing copies of requested records under paragraph (7).
(B) CREDITING APPROPRIATIONS.—Funds received by the Administrator pursuant to this
paragraph shall—
(i) be credited to the appropriation current when the amount is received;
(ii) be merged with and available for the
purposes of such appropriation; and
(iii) remain available until expended.
(9) PRIVACY PROTECTIONS.—
(A) USE OF RECORDS.—An air carrier that
accesses records pertaining to an individual
under paragraph (1) may use the records
only to assess the qualifications of the individual in deciding whether or not to hire the
individual as a pilot. The air carrier shall
take such actions as may be necessary to
protect the privacy of the individual and the
confidentiality of the records accessed, including ensuring that information contained
in the records is not divulged to any individual that is not directly involved in the hiring decision.
(B) DISCLOSURE OF INFORMATION.—
(i) IN GENERAL.—Except as provided by
clause (ii), information collected by the
Administrator under paragraph (2) shall be
exempt from the disclosure requirements
of section 552 of title 5.
(ii) EXCEPTIONS.—Clause (i) shall not
apply to—
(I) deidentified, summarized information to explain the need for changes in
policies and regulations;

Page 912

(II) information to correct a condition
that compromises safety;
(III) information to carry out a criminal investigation or prosecution;
(IV) information to comply with section 44905, regarding information about
threats to civil aviation; and
(V) such information as the Administrator determines necessary, if withholding the information would not be consistent with the safety responsibilities of
the Federal Aviation Administration.
(10) PERIODIC REVIEW.—Not later than 18
months after the date of enactment of this
paragraph, and at least once every 3 years
thereafter, the Administrator shall transmit
to Congress a statement that contains, taking
into account recent developments in the aviation industry—
(A) recommendations by the Administrator concerning proposed changes to Federal Aviation Administration records, air
carrier records, and other records required
to be included in the database under paragraph (2); or
(B) reasons why the Administrator does
not recommend any proposed changes to the
records referred to in subparagraph (A).
(11) REGULATIONS FOR PROTECTION AND SECUOF RECORDS.—The Administrator shall
prescribe such regulations as may be necessary—
(A) to protect and secure—
(i) the personal privacy of any individual
whose records are accessed under paragraph (1); and
(ii) the confidentiality of those records;
and

RITY

(B) to preclude the further dissemination
of records received under paragraph (1) by
the person who accessed the records.
(12) GOOD FAITH EXCEPTION.—Notwithstanding paragraph (1), an air carrier may allow an
individual to begin service as a pilot, without
first obtaining information described in paragraph (2)(B) from the database pertaining to
the individual, if—
(A) the air carrier has made a documented
good faith attempt to access the information
from the database; and
(B) the air carrier has received written notice from the Administrator that the information is not contained in the database because the individual was employed by an air
carrier or other person that no longer exists
or by a foreign government or other entity
that has not provided the information to the
database.
(13) LIMITATIONS ON ELECTRONIC ACCESS TO
RECORDS.—
(A) ACCESS BY INDIVIDUALS DESIGNATED BY
AIR CARRIERS.—For the purpose of increasing
timely and efficient access to records described in paragraph (2), the Administrator
may allow, under terms established by the
Administrator, an individual designated by
an air carrier to have electronic access to
the database.
(B) TERMS.—The terms established by the
Administrator under subparagraph (A) for

Page 913

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TITLE 49—TRANSPORTATION

allowing a designated individual to have
electronic access to the database shall limit
such access to instances in which information in the database is required by the designated individual in making a hiring decision concerning a pilot applicant and shall
require that the designated individual provide assurances satisfactory to the Administrator that—
(i) the designated individual has received
the written consent of the pilot applicant
to access the information; and
(ii) information obtained using such access will not be used for any purpose other
than making the hiring decision.
(14) AUTHORIZED EXPENDITURES.—Of amounts
appropriated under section 106(k)(1), a total of
$6,000,000 for fiscal years 2010 through 2013 may
be used to carry out this subsection.
(15) REGULATIONS.—
(A) IN GENERAL.—The Administrator shall
issue regulations to carry out this subsection.
(B) EFFECTIVE DATE.—The regulations
shall specify the date on which the requirements of this subsection take effect and the
date on which the requirements of subsection (h) cease to be effective.
(C) EXCEPTIONS.—Notwithstanding subparagraph (B)—
(i) the Administrator shall begin to establish the database under paragraph (2)
not later than 90 days after the date of enactment of this paragraph;
(ii) the Administrator shall maintain
records in accordance with paragraph (5)
beginning on the date of enactment of this
paragraph; and
(iii) air carriers and other persons shall
maintain records to be reported to the
database under paragraph (4)(B) in the period beginning on such date of enactment
and ending on the date that is 5 years after
the requirements of subsection (h) cease to
be effective pursuant to subparagraph (B).
(16) SPECIAL RULE.—During the one-year period beginning on the date on which the requirements of this section become effective
pursuant to paragraph (15)(B), paragraph (7)(A)
shall be applied by substituting ‘‘45 days’’ for
‘‘30 days’’.
(j) LIMITATIONS ON LIABILITY; PREEMPTION OF
STATE LAW.—
(1) LIMITATION ON LIABILITY.—No action or
proceeding may be brought by or on behalf of
an individual who has applied for or is seeking
a position with an air carrier as a pilot and
who has signed a release from liability, as provided for under subsection (h)(2) or (i)(3),
against—
(A) the air carrier requesting the records
of that individual under subsection (h)(1) or
accessing the records of that individual
under subsection (i)(1);
(B) a person who has complied with such
request;
(C) a person who has entered information
contained in the individual’s records; or
(D) an agent or employee of a person described in subparagraph (A) or (B);

in the nature of an action for defamation, invasion of privacy, negligence, interference
with contract, or otherwise, or under any Federal or State law with respect to the furnishing or use of such records in accordance with
subsection (h) or (i).
(2) PREEMPTION.—No State or political subdivision thereof may enact, prescribe, issue,
continue in effect, or enforce any law (including any regulation, standard, or other provision having the force and effect of law) that
prohibits, penalizes, or imposes liability for
furnishing or using records in accordance with
subsection (h) or (i).
(3) PROVISION OF KNOWINGLY FALSE INFORMATION.—Paragraphs (1) and (2) shall not apply
with respect to a person who furnishes information in response to a request made under
subsection (h)(1) or who furnished information
to the database established under subsection
(i)(2), that—
(A) the person knows is false; and
(B) was maintained in violation of a criminal statute of the United States.
(4) PROHIBITION ON ACTIONS AND PROCEEDINGS
AGAINST AIR CARRIERS.—
(A) HIRING DECISIONS.—An air carrier may
refuse to hire an individual as a pilot if the
individual did not provide written consent
for the air carrier to receive records under
subsection (h)(2)(A) or (i)(3)(A) or did not
execute the release from liability requested
under subsection (h)(2)(B) or (i)(3)(B).
(B) ACTIONS AND PROCEEDINGS.—No action
or proceeding may be brought against an air
carrier by or on behalf of an individual who
has applied for or is seeking a position as a
pilot with the air carrier if the air carrier
refused to hire the individual after the individual did not provide written consent for
the air carrier to receive records under subsection (h)(2)(A) or (i)(3)(A) or did not execute a release from liability requested under
subsection (h)(2)(B) or (i)(3)(B).
(k) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in subsection (h) or (i) shall be construed as precluding the availability of the
records of a pilot in an investigation or other
proceeding concerning an accident or incident
conducted by the Administrator, the National
Transportation Safety Board, or a court.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1186;
Pub. L. 106–181, title VII, § 715, Apr. 5, 2000, 114
Stat. 162; Pub. L. 107–71, title I, §§ 129, 138(b),
140(a), Nov. 19, 2001, 115 Stat. 633, 640, 641; Pub. L.
111–216, title II, § 203, Aug. 1, 2010, 124 Stat. 2352;
Pub. L. 111–249, § 6(3), (4), Sept. 30, 2010, 124 Stat.
2629.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44703(a) ......

49 App.:1422(b)(1)
(1st sentence, 2d
sentence words before 6th comma).

Aug. 23, 1958, Pub. L. 85–726,
§ 602(b)(1), 72 Stat. 776;
Oct. 19, 1984, Pub. L.
98–499, § 3, 98 Stat. 2313;
Aug. 26, 1992, Pub. L.
102–345, § 4, 106 Stat. 926.
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.:1655(c)(1).

§ 44703

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44703(b) ......

49 App.:1422(a)
(11th–last words).

Aug. 23, 1958, Pub. L. 85–726,
§ 602(a) (9th–last words),
(c), 72 Stat. 776.

44703(c)(1) ..
44703(c)(2) ..

44703(d) ......

44703(e) ......

49 App.:1422(b)(1) (2d
sentence words
after 6th comma),
(c).
49 App.:1655(c)(1).
49 App.:1422(b)(1) (3d
sentence).
49 App.:1422(b)(1)
(4th, 5th sentences, last sentence words before
proviso).
49 App.:1655(c)(1).
49 App.:1422(b)(1)
(last sentence proviso).
49 App.:1655(c)(1).
49 App.:1422(b)(2)(A),
(B).

44703(f)(1) ...

49 App.:1422(d).

44703(f)(2) ...

49 App.:1401 (note).

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 602(b)(2)(A),
(B); added Oct. 19, 1984,
Pub. L. 98–499, § 3, 98 Stat.
2313; restated Nov. 18,
1988, Pub. L. 100–690,
§ 7204(a), 102 Stat. 4425.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 602(d); added
Nov. 18, 1988, Pub. L.
100–690, § 7205(a), 102 Stat.
4426.
Nov. 18, 1988, Pub. L.
100–690, § 7207(a) (1st sentence), (b), 102 Stat. 4427.

Page 914

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.
REFERENCES IN TEXT
The date of the enactment of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (c)(1), (3), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5,
2000.
The date of the enactment of the Pilot Records Improvement Act of 1996, referred to in subsec. (h)(12), is
the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.
The date of enactment of this paragraph, referred to
in subsec. (i)(4)(B)(ii), (10), (15)(C), is the date of enactment of Pub. L. 111–216, which was approved Aug. 1,
2010.
CODIFICATION
The text of section 44936(f) to (h) of this title, which
was transferred to the end of this section, redesignated
as subsecs. (h) to (j), respectively, and amended by Pub.
L. 107–71, §§ 138(b), 140(a), was based on Pub. L. 104–264,
title V, § 502(a), Oct. 9, 1996, 110 Stat. 3259; amended Pub.
L. 105–102, § 2(25), Nov. 20, 1997, 111 Stat. 2205; Pub. L.
105–142, § 1, Dec. 5, 1997, 111 Stat. 2650; Pub. L. 106–181,
title V, § 508(b), Apr. 5, 2000, 114 Stat. 140.
AMENDMENTS

In subsections (a)–(d), the word ‘‘Administrator’’ in
section 602(a), (b)(1), and (c) of the Federal Aviation
Act of 1958 (Public Law 85–726, 72 Stat. 776) is retained
on authority of 49:106(g).
In subsection (a), the text of 49 App.:1422(b) (1st sentence) is omitted as surplus. The words ‘‘is qualified’’
are substituted for ‘‘possesses proper qualifications’’ to
eliminate unnecessary words. The words ‘‘to be authorized by the certificate’’ are substituted for ‘‘for which
the airman certificate is sought’’ for clarity.
In subsection (b)(1)(C), the words ‘‘conditions, and
limitations’’ are omitted as being included in ‘‘terms’’.
In subsection (b)(1)(E), the word ‘‘designate’’ is substituted for ‘‘be entitled with the designation of’’ to
eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words ‘‘may
appeal . . . to’’ are substituted for ‘‘may file with . . .
a petition for review of the Secretary of Transportation’s action’’ for consistency with section 1109 of the
revised title. The words ‘‘the individual holds a certificate that’’ are substituted for ‘‘persons whose certificates’’ for clarity.
In subsection (c)(2), the words ‘‘conduct a hearing on
the appeal’’ are substituted for ‘‘thereupon assign such
petition for hearing’’ for consistency. The words ‘‘In
the conduct of such hearing and in determining whether the airman meets the pertinent rules, regulations, or
standards’’ are omitted as surplus. The word ‘‘Administrator’’ is substituted for ‘‘Federal Aviation Administration’’ because of 49:106(b) and (g). The words ‘‘meets
the applicable regulations’’ are substituted for ‘‘meets
the pertinent rules, regulations’’ because ‘‘rules’’ and
‘‘regulations’’ are synonymous and for consistency in
the revised title.
In subsection (d), before clause (1), the words ‘‘in his
discretion’’ are omitted as surplus. In clause (2), the
words ‘‘the terms of’’ and ‘‘entered into’’ are omitted as
surplus. The words ‘‘government of a foreign country’’
are substituted for ‘‘foreign governments’’ for consistency in the revised title and with other titles of the
United States Code.
In subsection (f)(1), before clause (A), the words ‘‘established under this chapter’’ and ‘‘to pilots’’ are omitted as surplus.
In subsection (f)(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

2010—Subsec. (h)(16). Pub. L. 111–216, § 203(a), added
par. (16).
Subsec. (i). Pub. L. 111–216, § 203(b)(2), added subsec.
(i). Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 111–216, § 203(c)(1)(A), as amended
by Pub. L. 111–249, § 6(3), substituted ‘‘Limitations’’ for
‘‘Limitation’’ in heading.
Pub. L. 111–216, § 203(b)(1), redesignated subsec. (i) as
(j). Former subsec. (j) redesignated (k).
Subsec. (j)(1). Pub. L. 111–216, § 203(c)(1)(B)(i), (iii), as
amended by Pub. L. 111–249, § 6(3), substituted ‘‘subsection (h)(2) or (i)(3)’’ for ‘‘paragraph (2)’’ in introductory provisions and ‘‘subsection (h) or (i)’’ for ‘‘subsection (h)’’ in concluding provisions.
Subsec. (j)(1)(A). Pub. L. 111–216, § 203(c)(1)(B)(ii), as
amended by Pub. L. 111–249, § 6(3), inserted ‘‘or accessing the records of that individual under subsection
(i)(1)’’ before semicolon.
Subsec. (j)(2). Pub. L. 111–216, § 203(c)(1)(C), as amended by Pub. L. 111–249, § 6(3), substituted ‘‘subsection (h)
or (i)’’ for ‘‘subsection (h)’’.
Subsec. (j)(3). Pub. L. 111–216, § 203(c)(1)(D), as amended by Pub. L. 111–249, § 6(3), inserted ‘‘or who furnished
information to the database established under subsection (i)(2)’’ after ‘‘subsection (h)(1)’’ in introductory
provisions.
Subsec. (j)(4). Pub. L. 111–216, § 203(c)(1)(E), as amended by Pub. L. 111–249, § 6(3), added par. (4).
Subsec. (k). Pub. L. 111–216, § 203(c)(2), as amended by
Pub. L. 111–249, § 6(4), substituted ‘‘subsection (h) or (i)’’
for ‘‘subsection (h)’’.
Pub. L. 111–216, § 203(b)(1), redesignated subsec. (j) as
(k).
2001—Subsec. (g)(1). Pub. L. 107–71, § 129(1), in first
sentence, substituted ‘‘needs of airmen’’ for ‘‘needs of
pilots’’ and inserted ‘‘and related to combating acts of
terrorism’’ before period at end.
Subsec. (g)(3), (4). Pub. L. 107–71, § 129(2), added pars.
(3) and (4).
Subsecs. (h) to (j). Pub. L. 107–71, §§ 138(b), 140(a),
amended section identically, redesignating subsecs. (f)
to (h) of section 44936 of this title as subsecs. (h) to (j),
respectively, of this section, and substituting ‘‘subsection (h)’’ for ‘‘subsection (f)’’ wherever appearing in
subsecs. (i) and (j). See Codification note above.
2000—Subsecs. (c) to (g). Pub. L. 106–181 added subsec.
(c) and redesignated former subsecs. (c) to (f) as (d) to
(g), respectively.

Page 915

TITLE 49—TRANSPORTATION

EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–249, § 6, Sept. 30, 2010, 124 Stat. 2628, provided that the amendments made by section 6 of Pub.
L. 111–249 are effective as of Aug. 1, 2010, and as if included in Pub. L. 111–216 as enacted.
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
Pub. L. 106–181, 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.
DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF
TITLE 51
General references to ‘‘this title’’ deemed to refer
also to chapters 509 and 511 of Title 51, National and
Commercial Space Programs, see section 4(d)(8) of Pub.
L. 111–314, set out as a note under section 101 of this
title.
IMPROVED PILOT LICENSES
Pub. L. 108–458, title IV, § 4022, Dec. 17, 2004, 118 Stat.
3723, provided that:
‘‘(a) IN GENERAL.—Not later than one year after the
date of enactment of this Act [Dec. 17, 2004], the Administrator of the Federal Aviation Administration
shall begin to issue improved pilot licenses consistent
with the requirements of title 49, United States Code,
and title 14, Code of Federal Regulations.
‘‘(b) REQUIREMENTS.—Improved pilots licenses issued
under subsection (a) shall—
‘‘(1) be resistant to tampering, alteration, and
counterfeiting;
‘‘(2) include a photograph of the individual to whom
the license is issued; and
‘‘(3) be capable of accommodating a digital photograph, a biometric identifier, or any other unique
identifier that the Administrator considers necessary.
‘‘(c) TAMPERING.—To the extent practical, the Administrator shall develop methods to determine or reveal
whether any component or security feature of a license
issued under subsection (a) has been tampered, altered,
or counterfeited.
‘‘(d) USE OF DESIGNEES.—The Administrator may use
designees to carry out subsection (a) to the extent feasible in order to minimize the burdens on pilots.’’
CREDITING OF LAW ENFORCEMENT FLIGHT TIME
Pub. L. 106–424, § 14, Nov. 1, 2000, 114 Stat. 1888, provided that: ‘‘In determining whether an individual
meets the aeronautical experience requirements imposed under section 44703 of title 49, United States
Code, for an airman certificate or rating, the Secretary
of Transportation shall take into account any time
spent by that individual operating a public aircraft as
defined in section 40102 of title 49, United States Code,
if that aircraft is—
‘‘(1) identifiable by category and class; and
‘‘(2) used in law enforcement activities.’’

§ 44704. Type certificates, production certificates,
airworthiness certificates, and design organization certificates
(a) TYPE CERTIFICATES.—

§ 44704

(1) ISSUANCE, INVESTIGATIONS, AND TESTS.—
The Administrator of the Federal Aviation
Administration shall issue a type certificate
for an aircraft, aircraft engine, or propeller, or
for an appliance specified under paragraph
(2)(A) of this subsection when the Administrator finds that the aircraft, aircraft engine,
propeller, or appliance is properly designed
and manufactured, performs properly, and
meets the regulations and minimum standards
prescribed under section 44701(a) of this title.
On receiving an application for a type certificate, the Administrator shall investigate the
application and may conduct a hearing. The
Administrator shall make, or require the applicant to make, tests the Administrator considers necessary in the interest of safety.
Administrator
(2)
SPECIFICATIONS.—The
may—
(A) specify in regulations those appliances
that reasonably require a type certificate in
the interest of safety;
(B) include in a type certificate terms required in the interest of safety; and
(C) record on the certificate a numerical
specification of the essential factors related
to the performance of the aircraft, aircraft
engine, or propeller for which the certificate
is issued.
(3) SPECIAL RULES FOR NEW AIRCRAFT AND APPLIANCES.—Except as provided in paragraph
(4), if the holder of a type certificate agrees to
permit another person to use the certificate to
manufacture a new aircraft, aircraft engine,
propeller, or appliance, the holder shall provide the other person with written evidence, in
a form acceptable to the Administrator, of
that agreement. Such other person may manufacture a new aircraft, aircraft engine, propeller, or appliance based on a type certificate
only if such other person is the holder of the
type certificate or has permission from the
holder.
(4) LIMITATION FOR AIRCRAFT MANUFACTURED
BEFORE AUGUST 5, 2004.—Paragraph (3) shall not
apply to a person who began the manufacture
of an aircraft before August 5, 2004, and who
demonstrates to the satisfaction of the Administrator that such manufacture began before August 5, 2004, if the name of the holder
of the type certificate for the aircraft does not
appear on the airworthiness certificate or
identification plate of the aircraft. The holder
of the type certificate for the aircraft shall
not be responsible for the continued airworthiness of the aircraft. A person may invoke the
exception provided by this paragraph with regard to the manufacture of only one aircraft.
(b) SUPPLEMENTAL TYPE CERTIFICATES.—
(1) ISSUANCE.—The Administrator may issue
a type certificate designated as a supplemental type certificate for a change to an aircraft, aircraft engine, propeller, or appliance.
(2) CONTENTS.—A supplemental type certificate issued under paragraph (1) shall consist of
the change to the aircraft, aircraft engine,
propeller, or appliance with respect to the previously issued type certificate for the aircraft,
aircraft engine, propeller, or appliance.
(3) REQUIREMENT.—If the holder of a supplemental type certificate agrees to permit an-