Air Tour and Sport Parachuting Safety Improvement Act of 2023

Subjects: Transportation and Public Works


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1032 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1032

   To reform Federal Aviation Administration safety requirements for 
         commercial air tour operators, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2023

Mr. Schatz (for himself and Ms. Hirono) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To reform Federal Aviation Administration safety requirements for 
         commercial air tour operators, 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 ``Air Tour and Sport Parachuting 
Safety Improvement Act of 2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Air carrier.--The term ``air carrier'' has the meaning 
        given that term in section 40102 of title 49, United States 
        Code.
            (3) Commercial air tour.--The term ``commercial air tour'' 
        means a flight conducted for compensation or hire in an 
        airplane or helicopter where a purpose of the flight is 
        sightseeing.
            (4) Commercial air tour operator.--The term ``commercial 
        air tour operator'' means any person who conducts a commercial 
        air tour.
            (5) Parachute operation.--The term ``parachute operation'' 
        has the meaning given that term in section 105.3 of title 14, 
        Code of Federal Regulations (or any successor regulation).

SEC. 3. SAFETY MANAGEMENT SYSTEM REQUIREMENTS FOR CERTAIN OPERATORS.

    Not later than 24 months after the date of enactment of this Act, 
the Administrator shall issue a final rule requiring each person 
holding a certificate under part 119 of title 14, Code of Federal 
Regulations, and authorized to conduct operations in accordance with 
the provisions of part 135 of title 14, Code of Federal Regulations, to 
implement a safety management system, as appropriate for the 
operations.

SEC. 4. OTHER SAFETY REQUIREMENTS FOR COMMERCIAL OPERATORS.

    (a) Safety Reforms.--
            (1) Authority to conduct nonstop commercial air tours.--
                    (A) In general.--Subject to subparagraph (B), 
                beginning on the date that is 3 years after the date of 
                enactment of this Act, no person may conduct commercial 
                air tours unless that person--
                            (i) holds a certificate identifying the 
                        person as an air carrier or commercial operator 
                        under part 119 of title 14, Code of Federal 
                        Regulations; and
                            (ii) conducts all commercial air tours 
                        under the applicable provisions of part 121 or 
                        part 135 of title 14, Code of Federal 
                        Regulations.
                    (B) Temporary exception.--Notwithstanding the 
                requirements of subparagraph (A), for a period of 5 
                years after the date described in subparagraph (A), a 
                person who holds a letter of authorization issued by 
                the Administrator to conduct nonstop commercial air 
                tours under section 91.147 of title 14, Code of Federal 
                Regulations, may continue to conduct nonstop commercial 
                air tours under such letter of authorization so long as 
                the person--
                            (i) as of the date of enactment of this 
                        section, has submitted (or not later than 18 
                        months after such date of enactment, submits) 
                        an application to the Administrator for an air 
                        carrier certificate under part 119, Code of 
                        Federal Regulations; and
                            (ii) has not been issued such part 119 
                        certificate or received a denial of the 
                        application submitted under clause (i).
                    (C) Reporting required.--Beginning on the date that 
                is 3 years after the date of enactment, and every 12 
                months thereafter, each person that conducts commercial 
                air tours (including any person excluded from the 
                certificate requirement under subparagraph (B)) shall 
                report to the Administrator the total number of 
                commercial air tours that person conducted during the 
                previous 12 months.
                    (D) Other terms.--The Administrator shall--
                            (i) revise title 14, Code of Federal 
                        Regulations, to include definitions for the 
                        terms ``aerial work'' and ``aerial 
                        photography'' that are limited to aerial 
                        operations performed for compensation or hire 
                        with an approved operating certificate; and
                            (ii) to the extent necessary, revise 
                        section 119.1(e)(4)(iii) of title 14, Code of 
                        Federal Regulations, to conform with the 
                        requirements of such definitions.
            (2) Additional safety requirements.--Not later than 3 years 
        after the date of enactment of this Act, the Administrator 
        shall issue new or revised regulations that shall require all 
        certificated commercial air tour operators to incorporate 
        avoidance training for controlled flight into terrain and in-
        flight loss of control into the training program required under 
        part 121 or 135 of title 14, Code of Federal Regulations, as 
        applicable. The training shall address reducing the risk of 
        accidents involving unintentional flight into instrument 
        meteorological conditions to address day, night, and low 
        visibility environments with special attention paid to research 
        available as of the date of enactment of this Act on human 
        factors issues involved in such accidents, including but not 
        limited to--
                    (A) specific terrain, weather, and infrastructure 
                challenges relevant in the local operating environment 
                that increase the risk of such accidents;
                    (B) pilot decision-making relevant to the avoidance 
                of instrument meteorological conditions while operating 
                under visual flight rules;
                    (C) use of terrain awareness displays;
                    (D) spatial disorientation risk factors and 
                countermeasures; and
                    (E) strategies for maintaining control, including 
                the use of automated systems.
    (b) Aviation Rulemaking Committee.--
            (1) In general.--The Administrator, shall convene an 
        aviation rulemaking committee to review and develop findings 
        and recommendations to inform--
                    (A) establishing a performance-based standard for 
                flight data monitoring for all commercial air tour 
                operators that reviews all available data sources to 
                identify deviations from established areas of operation 
                and potential safety issues;
                    (B) requiring all commercial air tour operators to 
                install flight data recording devices capable of 
                supporting collection and dissemination of the data 
                incorporated in the Flight Operational Quality 
                Assurance Program (or, if an aircraft cannot be 
                retrofitted with such equipment, requiring the 
                commercial air tour operator for such aircraft to 
                collect and maintain flight data through alternative 
                methods);
                    (C) requiring all commercial air tour operators to 
                implement a flight data monitoring program, such as a 
                Flight Operational Quality Assurance Program;
                    (D) establishing methods to provide effective 
                terrain awareness and warning; and
                    (E) establishing methods to provide effective 
                traffic avoidance in identified high-traffic tour 
                areas, such as requiring air tour operators that 
                operate within those areas be equipped with an 
                Automatic Dependent Surveillance-Broadcast Out- and In-
                supported traffic advisory system that--
                            (i) includes both visual and aural alerts;
                            (ii) is driven by an algorithm designed to 
                        eliminate nuisance alerts; and
                            (iii) is operational during all flight 
                        operations.
            (2) Membership.--The aviation rulemaking committee shall 
        consist of members appointed by the Administrator, including--
                    (A) representatives of industry, including 
                manufacturers of aircraft and aircraft technologies;
                    (B) representatives of aviation operator 
                organizations; and
                    (C) aviation safety experts with specific knowledge 
                of safety management systems and flight data monitoring 
                programs under part 135 of title 14, Code of Federal 
                Regulations.
            (3) Duties.--
                    (A) In general.--The Administrator shall direct the 
                aviation rulemaking committee to make findings and 
                submit recommendations regarding each of the matters 
                specified in subparagraphs (A) through (E) of paragraph 
                (1).
                    (B) Considerations.--In carrying out its duties 
                under subparagraph (A), the Administrator shall direct 
                the aviation rulemaking committee to consider--
                            (i) recommendations of the National 
                        Transportation Safety Board;
                            (ii) recommendations of previous aviation 
                        rulemaking committees that reviewed flight data 
                        monitoring program requirements on part 135 
                        commercial operators;
                            (iii) recommendations from industry safety 
                        organizations, including but not limited to the 
                        Vertical Aviation Safety Team (VAST), the 
                        General Aviation Joint Safety Committee, and 
                        the United States Helicopter Safety Team 
                        (USHST);
                            (iv) scientific data derived from a broad 
                        range of flight data recording technologies 
                        capable of continuously transmitting and that 
                        support a measurable and viable means of 
                        assessing data to identify and correct 
                        hazardous trends;
                            (v) appropriate use of data for modifying 
                        behavior to prevent accidents;
                            (vi) the need to accommodate technological 
                        advancements in flight data recording 
                        technology;
                            (vii) data gathered from aviation safety 
                        reporting programs;
                            (viii) appropriate methods to provide 
                        effective terrain awareness and warning system 
                        (TAWS) protections while mitigating nuisance 
                        alerts for aircraft;
                            (ix) the need to accommodate the diversity 
                        of airworthiness standards under part 27 and 
                        part 29 of title 14, Code of Federal 
                        Regulations;
                            (x) the need to accommodate diversity of 
                        operations and mission sets;
                            (xi) benefits of third-party data analysis 
                        for large and small operations;
                            (xii) accommodations necessary for small 
                        businesses; and
                            (xiii) other issues as necessary.
            (4) Reports and regulations.--The Administrator shall--
                    (A) not later than 20 months after the date of 
                enactment of this Act, submit to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Transportation and Infrastructure of 
                the House of Representatives a report based on the 
                findings of the aviation rulemaking committee;
                    (B) not later than 12 months after the date of 
                submission of the report under subparagraph (A), and 
                after consideration of the recommendations of the 
                aviation rulemaking committee, issue an intent to 
                proceed with proposed rulemakings regarding each of the 
                matters specified in subparagraphs (A) through (E) of 
                paragraph (1); and
                    (C) not later than 3 years after the date of 
                enactment of this Act, issue a final rule with respect 
                to each of the matters specified in such subparagraphs 
                of paragraph (1).

SEC. 5. EXPEDITED PROCESS FOR OBTAINING OPERATING CERTIFICATES.

    (a) In General.--The Administrator shall implement procedures to 
improve the process for obtaining operating certificates under part 119 
of title 14, Code of Federal Regulations.
    (b) Considerations.--In carrying out subsection (a), beginning on 
the date that is 18 months after the date of enactment of this Act, the 
Administrator shall give priority consideration to operators that must 
obtain a certificate in accordance with section 4(a)(1) of this Act.
    (c) Report Required.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report describing--
            (1) how the procedures implemented under subsection (a) 
        will increase the efficiency of the process for obtaining 
        operating certificates under part 119 of title 14, Code of 
        Federal Regulations, and, if applicable, certificates 
        authorizing operations under part 135 of such title;
            (2) how considerations under subsection (b) will be 
        incorporated into procedures implemented under subsection (a); 
        and
            (3) any additional resources required to implement 
        procedures under subsection (a).
    (d) Additional Reports Required.--Not later than 3 years after the 
date of enactment of this Act, and annually thereafter the 
Administrator shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
that--
            (1) includes--
                    (A) data on certification approvals and denials; 
                and
                    (B) data on duration of key phases of the 
                certification process; and
            (2) identifies certification policies in need of reform or 
        repeal.

SEC. 6. SAFETY REQUIREMENTS FOR SPORT PARACHUTE OPERATIONS.

    (a) Aviation Rulemaking Committee.--The Administrator, shall 
convene an aviation rulemaking committee to review and develop findings 
and recommendations to inform--
            (1) rulemaking governing parachute operations conducted in 
        the United States that are subject to the requirements of part 
        105 of title 14, Code of Federal Regulations, to address--
                    (A) Federal Aviation Administration-approved 
                aircraft maintenance and inspection programs that 
                consider, at a minimum, requirements for compliance 
                with engine manufacturers' recommended maintenance 
                instructions, such as service bulletins and service 
                information letters for time between overhauls and 
                component life limits;
                    (B) initial and annual recurrent pilot proficiency 
                checking programs for pilots conducting parachute 
                operations that address, at a minimum, operation- and 
                aircraft-specific weight and balance calculations, 
                preflight inspections, emergency and recovery 
                procedures, and parachutist egress procedures for each 
                type of aircraft flown; and
                    (C) initial and annual recurrent pilot review 
                programs for parachute operations pilots that address, 
                at a minimum, operation-specific and aircraft-specific 
                weight and balance calculations, preflight inspections, 
                emergency and recovery procedures, and parachutist 
                egress procedures for each type of aircraft flown, as 
                well as competency flight checks to determine pilot 
                competence in practical skills and techniques in each 
                type of aircraft;
            (2) the revision of guidance material contained in Advisory 
        Circular 105-2E (relating to sport parachute jumping), to 
        include guidance for parachute operations in implementing the 
        Federal Aviation Administration-approved aircraft maintenance 
        and inspection program and the pilot training and pilot 
        proficiency checking programs required under any new or revised 
        regulations issued in accordance with paragraph (1); and
            (3) the revision of guidance materials issued in Order 
        8900.1 entitled ``Flight Standards Information Management 
        System'', to include guidance for Federal Aviation 
        Administration inspectors who oversee part 91 of title 14 Code 
        of Federal Regulations, operations conducted under any of the 
        exceptions specified in section 119.1(e) of title 14, Code of 
        Federal Regulations, which include parachute operations.
    (b) Membership.--The aviation rulemaking committee shall consist of 
members appointed by the Administrator, including--
            (1) representatives of industry, including manufacturers of 
        aircraft and aircraft technologies;
            (2) representatives of parachute operator organizations; 
        and
            (3) aviation safety experts with specific knowledge of 
        safety management systems and flight data monitoring programs 
        under part 135 and part 105 of title 14, Code of Federal 
        Regulations.
    (c) Duties.--
            (1) In general.--The Administrator shall direct the 
        aviation rulemaking committee to make findings and submit 
        recommendations regarding each of the matters specified in 
        paragraphs (1) through (3) of subsection (a).
            (2) Considerations.--In carrying out its duties under 
        paragraph (1), the Administrator shall direct the aviation 
        rulemaking committee to consider--
                    (A) findings and recommendations of the National 
                Transportation Safety Board generally as relevant and 
                specifically those related to parachute operations, 
                including the June 21, 2019, incident in Mokuleia, 
                Hawaii;
                    (B) recommendations of previous aviation rulemaking 
                committees that considered similar issues;
                    (C) recommendations from industry safety 
                organizations, including, but not limited to, the 
                United States Parachute Association;
                    (D) appropriate use of data for modifying behavior 
                to prevent accidents;
                    (E) data gathered from aviation safety reporting 
                programs;
                    (F) the need to accommodate diversity of operations 
                and mission sets;
                    (G) accommodations necessary for small businesses; 
                and
                    (H) other issues as necessary.
    (d) Reports and Regulations.--The Administrator shall--
            (1) not later than 20 months after the date of enactment of 
        this Act, submit a report based on the findings of the aviation 
        rulemaking committee to the Committee on Commerce, Science, and 
        Transportation of the Senate and to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives;
            (2) not later than 12 months after the date of submission 
        of the report under paragraph (1), and after consideration of 
        the recommendations of the aviation rulemaking committee, issue 
        an intent to proceed with proposed rulemakings regarding each 
        of the matters specified in paragraphs (1) through (3) of 
        subsection (a); and
            (3) not later than 3 years after the date of enactment of 
        this Act, issue a final rule with respect to each of the 
        matters specified in such paragraphs of subsection (a).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Administrator, to 
remain available until expended, such sums as necessary to carry out 
this Act.
                                 &lt;all&gt;
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