PUBLIC LAW 111–216—AUG. 1, 2010 

AIRLINE SAFETY AND FEDERAL AVIATION 

ADMINISTRATION EXTENSION ACT OF 2010 


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124 STAT. 2348 PUBLIC LAW 111–216—AUG. 1, 2010 

Public Law 111–216 

111th Congress 

An Act 

To amend the Internal Revenue Code of 1986 to extend the funding and expenditure 

authority of the Airport and Airway Trust Fund, to amend title 49, United 

States Code, to extend airport improvement program project grant authority 

and to improve airline safety, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Airline Safety and Federal 

Aviation Administration Extension Act of 2010’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AIRPORT AND AIRWAY EXTENSION 

Sec. 101. Extension of taxes funding Airport and Airway Trust Fund. 

Sec. 102. Extension of Airport and Airway Trust Fund expenditure authority. 

Sec. 103. Extension of airport improvement program. 

Sec. 104. Extension of expiring authorities. 

Sec. 105. Federal Aviation Administration operations. 

Sec. 106. Air navigation facilities and equipment. 

Sec. 107. Research, engineering, and development. 

TITLE II—AIRLINE SAFETY AND PILOT TRAINING IMPROVEMENT 

Sec. 201. Definitions. 

Sec. 202. Secretary of Transportation responses to safety recommendations. 

Sec. 203. FAA pilot records database. 

Sec. 204. FAA Task Force on Air Carrier Safety and Pilot Training. 

Sec. 205. Aviation safety inspectors and operational research analysts. 

Sec. 206. Flight crewmember mentoring, professional development, and leadership. 

Sec. 207. Flight crewmember pairing and crew resource management techniques. 

Sec. 208. Implementation of NTSB flight crewmember training recommendations. 

Sec. 209. FAA rulemaking on training programs. 

Sec. 210. Disclosure of air carriers operating flights for tickets sold for air transportation. 

Sec. 211. Safety inspections of regional air carriers. 

Sec. 212. Pilot fatigue. 

Sec. 213. Voluntary safety programs. 

Sec. 214. ASAP and FOQA implementation plan. 

Sec. 215. Safety management systems. 

Sec. 216. Flight crewmember screening and qualifications. 

Sec. 217. Airline transport pilot certification. 

Airline Safety 

and Federal 

Aviation 

Administration 

Extension Act 

of 2010. 

49 USC 40101 

note. 

Aug. 1, 2010 

[H.R. 5900] 


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PUBLIC LAW 111–216—AUG. 1, 2010 124 STAT. 2349 

TITLE I—AIRPORT AND AIRWAY 

EXTENSION 

SEC. 101. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY 

TRUST FUND. 

(a) FUEL TAXES.—Subparagraph (B) of section 4081(d)(2) of 

the Internal Revenue Code of 1986 is amended by striking ‘‘August 

1, 2010’’ and inserting ‘‘September 30, 2010’’. 

(b) TICKET TAXES.— (1) PERSONS.—Clause (ii) of section 4261(j)(1)(A) of the 

Internal Revenue Code of 1986 is amended by striking ‘‘August 

1, 2010’’ and inserting ‘‘September 30, 2010’’. 

(2) PROPERTY.—Clause (ii) of section 4271(d)(1)(A) of such 

Code is amended by striking ‘‘August 1, 2010’’ and inserting 

‘‘September 30, 2010’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on August 2, 2010. 

SEC. 102. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY. 

(a) IN GENERAL.—Paragraph (1) of section 9502(d) of the 

Internal Revenue Code of 1986 is amended— 

(1) by striking ‘‘August 2, 2010’’ and inserting ‘‘October 

1, 2010’’; and 

(2) by inserting ‘‘or the Airline Safety and Federal Aviation 

Administration Extension Act of 2010’’ before the semicolon 

at the end of subparagraph (A). 

(b) CONFORMING AMENDMENT.—Paragraph (2) of section 9502(e) 

of such Code is amended by striking ‘‘August 2, 2010’’ and inserting 

‘‘October 1, 2010’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on August 2, 2010. 

SEC. 103. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM. 

Section 47104(c) of title 49, United States Code, is amended 

by striking ‘‘August 1, 2010,’’ and inserting ‘‘September 30, 2010,’’. 

SEC. 104. EXTENSION OF EXPIRING AUTHORITIES. 

(a) Section 40117(l)(7) of title 49, United States Code, is 

amended by striking ‘‘August 2, 2010.’’ and inserting ‘‘October 1, 

2010.’’. 

(b) Section 44302(f)(1) of such title is amended— 

(1) by striking ‘‘August 1, 2010,’’ and inserting ‘‘September 

30, 2010,’’; and 

(2) by striking ‘‘October 31, 2010,’’ and inserting ‘‘December 

31, 2010,’’. 

(c) Section 44303(b) of such title is amended by striking 

‘‘October 31, 2010,’’ and inserting ‘‘December 31, 2010,’’. 

(d) Section 47107(s)(3) of such title is amended by striking 

‘‘August 2, 2010.’’ and inserting ‘‘October 1, 2010.’’. 

(e) Section 47115(j) of such title is amended by striking ‘‘fiscal 

years 2004 through 2009, and for the portion of fiscal year 2010 

ending before August 2, 2010,’’ and inserting ‘‘fiscal years 2004 

through 2010,’’. 

(f) Section 47141(f) of such title is amended by striking ‘‘August 

1, 2010.’’ and inserting ‘‘September 30, 2010.’’. 

26 USC 9502 

note. 

26 USC 4081 

note. 

26 USC 4081. 


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124 STAT. 2350 PUBLIC LAW 111–216—AUG. 1, 2010 

(g) Section 49108 of such title is amended by striking ‘‘August 

1, 2010,’’ and inserting ‘‘September 30, 2010,’’. 

(h) Section 161 of the Vision 100—Century of Aviation 

Reauthorization Act (49 U.S.C. 47109 note) is amended by striking 

‘‘fiscal year 2009, or in the portion of fiscal year 2010 ending 

before August 2, 2010,’’ and inserting ‘‘fiscal year 2009 or 2010’’. 

(i) Section 186(d) of such Act (117 Stat. 2518) is amended 

by striking ‘‘October 1, 2009, and for the portion of fiscal year 

2010 ending before August 2, 2010,’’ and inserting ‘‘October 1, 

2010,’’. 

(j) The amendments made by this section shall take effect 

on August 2, 2010. 

SEC. 105. FEDERAL AVIATION ADMINISTRATION OPERATIONS. 

Section 106(k)(1)(F) of title 49, United States Code, is amended 

to read as follows: 

‘‘(F) $9,350,028,000 for fiscal year 2010.’’. 

SEC. 106. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

Section 48101(a)(6) of title 49, United States Code, is amended 

to read as follows: 

‘‘(6) $2,936,203,000 for fiscal year 2010.’’. 

SEC. 107. RESEARCH, ENGINEERING, AND DEVELOPMENT. 

Section 48102(a)(14) of title 49, United States Code, is amended 

to read as follows: 

‘‘(14) $190,500,000 for fiscal year 2010.’’. 

TITLE II—AIRLINE SAFETY AND PILOT 

TRAINING IMPROVEMENT 

SEC. 201. DEFINITIONS. 

(a) 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 

49 USC 44701 

note. 

Effective date. 

49 USC 40117 

note. 


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PUBLIC LAW 111–216—AUG. 1, 2010 124 STAT. 2351 

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. 

(a) IN GENERAL.—The first sentence of section 1135(a) is 

amended by inserting ‘‘to the Board’’ after ‘‘shall give’’. 

(b) AIR CARRIER SAFETY RECOMMENDATIONS.—Section 1135 is 

amended— 

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following: 

‘‘(d) ANNUAL REPORT ON AIR CARRIER SAFETY RECOMMENDATIONS.— 

‘‘(1) IN GENERAL.—The Secretary shall submit to Congress 

and the Board, on an annual basis, a report on the recommendations made by the Board to the Secretary regarding air carrier 

operations conducted under part 121 of title 14, Code of Federal 

Regulations. 

‘‘(2) RECOMMENDATIONS TO BE COVERED.—The report shall 

cover— 

‘‘(A) any recommendation for which the Secretary has 

developed, or intends to develop, procedures to adopt the 

recommendation or part of the recommendation, but has 

yet to complete the procedures; and 

‘‘(B) any recommendation for which the Secretary, in 

the preceding year, has issued a response under subsection 

(a)(2) or (a)(3) refusing to carry out all or part of the 

procedures to adopt the recommendation. 

‘‘(3) CONTENTS.— 

‘‘(A) PLANS TO ADOPT RECOMMENDATIONS.—For each 

recommendation of the Board described in paragraph 

(2)(A), the report shall contain— 

‘‘(i) a description of the recommendation; 

‘‘(ii) a description of the procedures planned for 

adopting the recommendation or part of the recommendation; 

‘‘(iii) the proposed date for completing the procedures; and 

‘‘(iv) if the Secretary has not met a deadline contained in a proposed timeline developed in connection 

with the recommendation under subsection (b), an 

explanation for not meeting the deadline. 

‘‘(B) REFUSALS TO ADOPT RECOMMENDATIONS.—For each 

recommendation of the Board described in paragraph 

(2)(B), the report shall contain— 

‘‘(i) a description of the recommendation; and 

‘‘(ii) a description of the reasons for the refusal 

to carry out all or part of the procedures to adopt 

the recommendation.’’. 

49 USC 1135. 

49 USC 44701 

note. 


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124 STAT. 2352 PUBLIC LAW 111–216—AUG. 1, 2010 

SEC. 203. FAA PILOT RECORDS DATABASE. 

(a) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.—Section 

44703(h) of title 49, United States Code, is amended by adding 

at the end the following: 

‘‘(16) APPLICABILITY.—This subsection shall cease to be 

effective on the date specified in regulations issued under subsection (i).’’. 

(b) ESTABLISHMENT OF FAA PILOT RECORDS DATABASE.—Section 44703 of such title is amended— 

(1) by redesignating subsections (i) and (j) as subsections 

(j) and (k), respectively; and 

(2) by inserting after subsection (h) the following: 

‘‘(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— 

‘‘(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— 

Termination 

date. 

49 USC 44701 

note. 


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PUBLIC LAW 111–216—AUG. 1, 2010 124 STAT. 2353 

‘‘(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 PER- SONS.— 

‘‘(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). 

‘‘(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. 


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124 STAT. 2354 PUBLIC LAW 111–216—AUG. 1, 2010 

‘‘(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; 

‘‘(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 

Deadline. 


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PUBLIC LAW 111–216—AUG. 1, 2010 124 STAT. 2355 

‘‘(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 SECURITY OF

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 

‘‘(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 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— 

Deadlines. 

Statement. 


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124 STAT. 2356 PUBLIC LAW 111–216—AUG. 1, 2010 

‘‘(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 appro- priated 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’.’’. 

(c) CONFORMING AMENDMENTS.— 

(1) LIMITATION ON LIABILITY; PREEMPTION OF STATE LAW.— 

Section 44703(j) (as redesignated by subsection (b)(1) of this 

section) is amended— 

(A) in the subsection heading by striking ‘‘LIMITATION’’ 

and inserting ‘‘LIMITATIONS’’; 

(B) in paragraph (1)— 

(i) in the matter preceding subparagraph (A) by 

striking ‘‘paragraph (2)’’ and inserting ‘‘subsection 

(h)(2) or (i)(3)’’; 

(ii) in subparagraph (A) by inserting ‘‘or accessing 

the records of that individual under subsection (i)(1)’’ 

before the semicolon; and 

(iii) in the matter following subparagraph (D) by 

striking ‘‘subsection (h)’’ and inserting ‘‘subsection (h) 

or (i)’’; 

(C) in paragraph (2) by striking ‘‘subsection (h)’’ and 

inserting ‘‘subsection (h) or (i)’’; 

(D) in paragraph (3), in the matter preceding subparagraph (A), by inserting ‘‘or who furnished information to 

the database established under subsection (i)(2)’’ after ‘‘subsection (h)(1)’’; and 

Time period. 

Applicability. 

Time period. 

Effective date. 

Deadline. 


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PUBLIC LAW 111–216—AUG. 1, 2010 124 STAT. 2357 

(E) by adding at the end the following: 

‘‘(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).’’. 

(2) LIMITATION ON STATUTORY CONSTRUCTION.—Section 

44703(k) (as redesignated by subsection (b)(1) of this section) 

is amended by striking ‘‘subsection (h)’’ and inserting ‘‘subsection (h) or (i)’’. 

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. 

(4) Mentoring and information sharing between air carriers. 

(d) REPORT.—Not later than one year after the date of enactment of this Act, 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; 

49 USC 44701 

note. 


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124 STAT. 2358 PUBLIC LAW 111–216—AUG. 1, 2010 

(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, 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 rulemaking committee to develop procedures for each part 121 air carrier 

to take the following actions: 

49 USC 44701 

note. 

Deadline. 

Reports. 

49 USC 44701 

note. 


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(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 secondin-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, 

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. 

Notice. 

Deadlines. 


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124 STAT. 2360 PUBLIC LAW 111–216—AUG. 1, 2010 

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, 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. 

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, 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 

Deadline. 

Reports. 

Notice. 

49 USC 44701 

note. 

49 USC 44701 

note. 


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PUBLIC LAW 111–216—AUG. 1, 2010 124 STAT. 2361 

(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, 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). 

(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. 

Deadlines. 

49 USC 44701 

note. 


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124 STAT. 2362 PUBLIC LAW 111–216—AUG. 1, 2010 

(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. 

Section 41712 of title 49, United States Code, is amended 

by adding at the end the following: 

‘‘(c) DISCLOSURE REQUIREMENT FOR SELLERS OF TICKETS FOR

FLIGHTS.— 

‘‘(1) IN GENERAL.—It shall be an unfair or deceptive practice 

under subsection (a) for any ticket agent, air carrier, foreign 

air carrier, or other person offering to sell tickets for air 

transportation on a flight of an air carrier to fail to disclose, 

whether verbally in oral communication or in writing in written 

or electronic communication, prior to the purchase of a ticket— 

‘‘(A) the name of the air carrier providing the air 

transportation; and 

‘‘(B) if the flight has more than one flight segment, 

the name of each air carrier providing the air transportation for each such flight segment. 

‘‘(2) INTERNET OFFERS.—In the case of an offer to sell tickets 

described in paragraph (1) on an Internet Web site, disclosure 

of the information required by paragraph (1) shall be provided 

on the first display of the Web site following a search of a 

requested itinerary in a format that is easily visible to a 

viewer.’’. 

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. 

49 USC 44701 

note. 

49 USC 44701 

note. 

Deadline. 

49 USC 44701 

note. 


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(D) The impact of functioning in multiple time zones 

or on different daily schedules. 

(E) Research conducted on fatigue, sleep, and circadian 

rhythms. 

(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, 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. 

Deadlines. 

Notice. 

Deadlines. 


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124 STAT. 2364 PUBLIC LAW 111–216—AUG. 1, 2010 

(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 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 

Deadline. 

Deadline. 

Study. 

Reports. 


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PUBLIC LAW 111–216—AUG. 1, 2010 124 STAT. 2365 

(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, 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— 

(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. 

49 USC 44701 

note. 


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124 STAT. 2366 PUBLIC LAW 111–216—AUG. 1, 2010 

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, 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, 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 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.— 

49 USC 44701 

note. 

Regulations. 

Notice. 

49 USC 44701 

note. 

49 USC 44701 

note. 


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PUBLIC LAW 111–216—AUG. 1, 2010 124 STAT. 2367 

(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, 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. 

49 USC 44701 

note. 

Applicability. 

Effective date. 

Regulations. 

Notice. 


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124 STAT. 2368 PUBLIC LAW 111–216—AUG. 1, 2010 

LEGISLATIVE HISTORY—H.R. 5900: 

CONGRESSIONAL RECORD, Vol. 156 (2010): 

July 29, considered and passed House. 

July 30, considered and passed Senate. 

Æ 

(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 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, the Administrator shall issue a final rule 

under subsection (a). 

Approved August 1, 2010. 

Regulations. 


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