I 

111TH CONGRESS 

1ST SESSION H. R. 3273 

To require the implementation of certain recommendations of the National 

Transportation Safety Board, to require the establishment of national 

standards with respect to flight requirements for pilots, to require the 

development of fatigue management plans, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 21, 2009 

Mr. HOLT (for himself, Mr. HIGGINS, and Mr. LEE of New York) introduced 

the following bill; which was referred to the Committee on Transportation 

and Infrastructure 

A BILL 

To require the implementation of certain recommendations 

of the National Transportation Safety Board, to require 

the establishment of national standards with respect to 

flight requirements for pilots, to require the development 

of fatigue management plans, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensuring One Level 

5 of Aviation Safety Act of 2009’’. 


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1 SEC. 2. IMPLEMENTATION OF RECOMMENDATIONS OF THE 

2 NATIONAL TRANSPORTATION SAFETY 

3 BOARD. 

4 (a) IMPLEMENTATION OF CERTAIN RECOMMENDA5 TIONS.—Not later than 180 days after the date of the en6 actment of this Act, the Administrator of the Federal 

7 Aviation Administration shall implement the following rec8 ommendations of the National Transportation Safety 

9 Board: 

10 (1) Recommendations A–03–53 through A–03– 

11 54, dated December 2, 2003 (relating to inspections 

12 for general aviation aircraft and low-airspeed alert 

13 systems for all aircraft). 

14 (2) Recommendation A–05–14, dated May 13, 

15 2005 (relating to programs for flight crewmembers 

16 who have demonstrated deficiencies in performance 

17 or training). 

18 (3) Recommendations A–06–48 through A–06– 

19 51, dated July 10, 2006 (relating to aircraft oper20 ations in cold or icy conditions). 

21 (4) Recommendation A–07–8, dated January 

22 23, 2007 (relating to developing programs of edu23 cation for air carrier pilots). 

24 (b) DETERMINATIONS WITH RESPECT TO PENDING

25 AND FUTURE RECOMMENDATIONS.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the National Transportation Safety Board pro3 vides the Administrator of the Federal Aviation Ad4 ministration with a safety recommendation, the Ad5 ministrator shall submit to Congress a notification— 

6 (A) indicating whether or not the Adminis7 trator has determined to implement the rec8 ommendation; and 

9 (B)(i) if the Administrator determines to 

10 implement the recommendation, describing the 

11 actions the Administrator plans to take to im12 plement the recommendation; or 

13 (ii) if the Administrator determines not to 

14 implement the recommendation, describing the 

15 reasons for that determination. 

16 (2) PENDING RECOMMENDATIONS.—Not later 

17 than 180 days after the date of the enactment of 

18 this Act, the Administrator of the Federal Aviation 

19 Administration shall submit to Congress the notifi20 cation described in paragraph (1) with respect to 

21 each recommendation of the National Transpor22 tation Safety Board— 

23 (A) made before the date of the enactment 

24 of this Act; and 


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1 (B) that is not implemented before such 

2 date of enactment. 

3 SEC. 3. CERTIFICATION OF RECEIPT OF FEDERAL AVIA4 TION ADMINISTRATION AIRWORTHINESS DI5 RECTIVES AND OTHER ORDERS BY AIR CAR6 RIERS. 

7 Not later than 180 days after the date of the enact8 ment of this Act, the Administrator of the Federal Avia9 tion Administration shall submit to Congress a plan that 

10 contains— 

11 (1) a certification process under which each air 

12 carrier will certify to the Administration that the air 

13 carrier has received an airworthiness directive or 

14 other order issued by the Administration; and 

15 (2) a plan for ensuring the compliance of air 

16 carriers with such directives and orders. 

17 SEC. 4. SAFETY INSPECTIONS OF REGIONAL AIR CARRIERS. 

18 (a) IN GENERAL.—The Administrator of the Federal 

19 Aviation Administration shall, not less frequently than 

20 once each year, perform random, unannounced, on-site in21 spections of regional air carriers to ensure that such air 

22 carriers are complying with all applicable safety standards 

23 of the Administration. 

24 (b) REGIONAL AIR CARRIERS DEFINED.—The Ad25 ministrator of the Federal Aviation Administration shall 


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1 determine which air carriers are regional air carriers for 

2 purposes of subsection (a). 

3 SEC. 5. ESTABLISHMENT OF SAFETY STANDARDS WITH RE4 SPECT TO THE TRAINING, HIRING, AND OPER5 ATION OF AIRCRAFT BY PILOTS. 

6 (a) COMPLETION OF RULEMAKING ON TRAINING

7 PROGRAMS.—Not later than 180 days after the date of 

8 the enactment of this Act, the Administrator of the Fed9 eral Aviation Administration shall issue a final rule with 

10 respect to the Notice of Proposed Rulemaking published 

11 in the Federal Register on January 12, 2009 (74 Fed. 

12 Reg. 1280; relating to training programs for flight crew13 members and aircraft dispatchers). 

14 (b) ESTABLISHMENT OF NATIONAL STANDARD WITH

15 RESPECT TO MINIMUM NUMBER OF FLIGHT HOURS RE16 QUIRED TO HIRE COMMERCIAL AIRCRAFT PILOTS.—Not 

17 later than 1 year after the date of the enactment of this 

18 Act, the Administrator of the Federal Aviation Adminis19 tration shall revise regulations under part 61 of title 14, 

20 Code of Federal Regulations, to increase the minimum 

21 number of hours of flight experience required for pilots 

22 to conduct flight operations under parts 121 and 135 of 

23 title 14, Code of Federal Regulations. 


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1 SEC. 6. REGULATIONS TO ADDRESS PILOT FATIGUE. 

2 (a) REGULATIONS ON WORK HOURS FOR PILOTS.— 

3 Not later than 180 days after the date of the enactment 

4 of this Act, the Administrator of the Federal Aviation Ad5 ministration shall prescribe regulations specifying limita6 tions on hours of flight time allowed for pilots to address 

7 problems relating to pilot fatigue. 

8 (b) FATIGUE MANAGEMENT PLANS.—Not later than 

9 1 year after the date of the enactment of this Act, the 

10 Administrator of the Federal Aviation Administration 

11 shall prescribe regulations— 

12 (1) providing guidance to air carriers to develop 

13 plans to ensure that pilots are not operating aircraft 

14 while fatigued; 

15 (2) requiring air carriers to submit such plans 

16 to the Administration not later than 180 days after 

17 the Administrator issues the final rule with respect 

18 to the regulations and to update such plans on a 

19 regular basis; and 

20 (3) establishing standards and procedures for 

21 the submission of such plans and the review of such 

22 plans by the Administration. 

23 SEC. 7. ACCESS BY AIR CARRIERS TO INFORMATION ABOUT 

24 PRACTICAL TEST FAILURES BY PILOTS. 

25 Section 44703(h)(1)(A) of title 49, United States 

26 Code, is amended— 


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1 (1) in clause (i), by striking ‘‘; and’’ and insert2 ing a semicolon; 

3 (2) by redesignating clause (ii) as clause (iii); 

4 and 

5 (3) by inserting after clause (i) the following: 

6 ‘‘(ii) any failed attempt of the indi7 vidual to pass a practical test required to 

8 obtain a certificate or type rating under 

9 part 61 of title 14, Code of Federal Regu10 lations; and’’. 

11 SEC. 8. OVERSIGHT OF PILOT TRAINING SCHOOLS. 

12 Not later than 1 year after the date of the enactment 

13 of this Act, the Administrator of the Federal Aviation Ad14 ministration shall submit to Congress a plan for over15 seeing pilot schools certified under part 141 of title 14, 

16 Code of Federal Regulations, that includes— 

17 (1) ensuring that the curriculum and course 

18 outline requirements for such schools under subpart 

19 C of such part are being met; and 

20 (2) conducting on-site inspections of each such 

21 school not less frequently than once every 2 years. 

Æ 


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