H. R. 1758—444
(D) the use of counterfeit and stolen airman certificates
by pilots.
(E) the absence of information about physical characteris-
tics of holders of those certificates.
(2) The Administrator of the Federal Aviation Administration
shall prescribe regulations to carry out paragraph (1) of this sub-
section 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 enforce-
ment 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 gen-
eral aviation aircraft, and other interested persons.
§ 44704. Type certificates, production certificates, and air-
worthiness certificates
(a) TYPE CERTIFICATES.—(1) 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 regu-
lations 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.
(2) The Administrator 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.
(b) PRODUCTION CERTIFICATES.—The Administrator shall issue
a production certificate authorizing the production of a duplicate
of an aircraft, aircraft engine, propeller, or appliance for which
a type certificate has been issued when the Administrator finds
the duplicate will conform to the certificate. On receiving an applica-
tion, the Administrator shall inspect, and may require testing of,
a duplicate to ensure that it conforms to the requirements of the
certificate. The Administrator may include in a production certifi-
cate terms required in the interest of safety.
(c) AIRWORTHINESS CERTIFICATES.—(1) The registered owner
of an aircraft may apply to the Administrator for an airworthiness
certificate for the aircraft. The Administrator shall issue an air-
worthiness certificate when the Administrator finds that the aircraft
conforms to its type certificate and, after inspection, is in condition
for safe operation. The Administrator shall register each airworthi-
ness certificate and may include appropriate information in the
certificate. The certificate number or other individual designation
the Administrator requires shall be displayed on the aircraft. The
H. R. 1758—445
Administrator may include in an airworthiness certificate terms
required in the interest of safety.
(2) A person applying for the issuance or renewal of an air-
worthiness certificate for an aircraft for which ownership has not
been recorded under section 44107 or 44110 of this title must
submit with the application information related to the ownership
of the aircraft the Administrator decides is necessary to identify
each person having a property interest in the aircraft and the
kind and extent of the interest.
§ 44705. Air carrier operating certificates
The Administrator of the Federal Aviation Administration shall
issue an air carrier operating certificate to a person desiring to
operate as an air carrier when the Administrator finds, after inves-
tigation, that the person properly and adequately is equipped and
able to operate safely under this part and regulations and standards
prescribed under this part. An air carrier operating certificate
shall—
(1) contain terms necessary to ensure safety in air transpor-
tation; and
(2) specify the places to and from which, and the airways
of the United States over which, a person may operate as
an air carrier.
§ 44706. Airport operating certificates
(a) GENERAL.—The Administrator of the Federal Aviation
Administration shall issue an airport operating certificate to a
person desiring to operate an airport—
(1) that serves an air carrier operating aircraft designed
for at least 31 passenger seats;
(2) that the Administrator requires to have a certificate;
and
(3) when the Administrator finds, after investigation, that
the person properly and adequately is equipped and able to
operate safely under this part and regulations and standards
prescribed under this part.
(b) TERMS.—An airport operating certificate issued under this
section shall contain terms necessary to ensure safety in air
transportation. Unless the Administrator decides that it is not
in the public interest, the terms shall include conditions related
to—
(1) operating and maintaining adequate safety equipment,
including firefighting and rescue equipment capable of rapid
access to any part of the airport used for landing, takeoff,
or surface maneuvering of an aircraft; and
(2) friction treatment for primary and secondary runways
that the Secretary of Transportation decides is necessary.
(c) EXEMPTIONS.—The Administrator may exempt from the
requirements of this section, related to firefighting and rescue equip-
ment, an operator of an airport described in subsection (a) of this
section having less than .25 percent of the total number of passenger
boardings each year at all airports described in subsection (a)
when the Administrator decides that the requirements are or would
be unreasonably costly, burdensome, or impractical.
H. R. 1758—446
§ 44707. Examining and rating air agencies
The Administrator of the Federal Aviation Administration may
examine and rate the following air agencies:
(1) civilian schools giving instruction in flying or repairing,
altering, and maintaining aircraft, aircraft engines, propellers,
and appliances, on the adequacy of instruction, the suitability
and airworthiness of equipment, and the competency of instruc-
tors.
(2) repair stations and shops that repair, alter, and main-
tain aircraft, aircraft engines, propellers, and appliances, on
the adequacy and suitability of the equipment, facilities, and
materials for, and methods of, repair and overhaul, and the
competency of the individuals doing the work or giving instruc-
tion in the work.
(3) other air agencies the Administrator decides are nec-
essary in the public interest.
§ 44708. Inspecting and rating air navigation facilities
The Administrator of the Federal Aviation Administration may
inspect, classify, and rate an air navigation facility available for
the use of civil aircraft on the suitability of the facility for that
use.
§ 44709. Amendments, modifications, suspensions, and rev-
ocations of certificates
(a) REINSPECTION AND REEXAMINATION.—The Administrator of
the Federal Aviation Administration may reinspect at any time
a civil aircraft, aircraft engine, propeller, appliance, air navigation
facility, or air agency, or reexamine an airman holding a certificate
issued under section 44703 of this title.
(b) ACTIONS OF THE ADMINISTRATOR.—The Administrator may
issue an order amending, modifying, suspending, or revoking—
(1) any part of a certificate issued under this chapter
if—
(A) the Administrator decides after conducting a
reinspection, reexamination, or other investigation that
safety in air commerce or air transportation and the public
interest require that action; or
(B) the holder of the certificate has violated an aircraft
noise or sonic boom standard or regulation prescribed under
section 44715(a) of this title; and
(2) an airman certificate when the holder of the certificate
is convicted of violating section 13(a) of the Fish and Wildlife
Act of 1956 (16 U.S.C. 742j–1(a)).
(c) ADVICE
TO CERTIFICATE HOLDERS
AND OPPORTUNITY TO
ANSWER.—Before acting under subsection (b) of this section, the
Administrator shall advise the holder of the certificate of the
charges or other reasons on which the Administrator relies for
the proposed action. Except in an emergency, the Administrator
shall provide the holder an opportunity to answer the charges
and be heard why the certificate should not be amended, modified,
suspended, or revoked.
(d) APPEALS.—(1) A person adversely affected by an order of
the Administrator under this section may appeal the order to the
National Transportation Safety Board. After notice and an oppor-
tunity for a hearing, the Board may amend, modify, or reverse
the order when the Board finds—
H. R. 1758—447
(A) if the order was issued under subsection (b)(1)(A) of
this section, that safety in air commerce or air transportation
and the public interest do not require affirmation of the order;
or
(B) if the order was issued under subsection (b)(1)(B) of
this section—
(i) that control or abatement of aircraft noise or sonic
boom and the public health and welfare do not require
affirmation of the order; or
(ii) the order, as it is related to a violation of aircraft
noise or sonic boom standards and regulations, is not
consistent with safety in air commerce or air transpor-
tation.
(2) The Board may modify a suspension or revocation of a
certificate to imposition of a civil penalty.
(3) When conducting a hearing under this subsection, the Board
is not bound by findings of fact of the Administrator but is bound
by all validly adopted interpretations of laws and regulations the
Administrator carries out and of written agency policy guidance
available to the public related to sanctions to be imposed under
this section unless the Board finds an interpretation is arbitrary,
capricious, or otherwise not according to law.
(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—When a per-
son files an appeal with the Board under subsection (d) of the
section, the order of the Administrator is stayed. However, if the
Administrator advises the Board that an emergency exists and
safety in air commerce or air transportation requires the order
to be effective immediately—
(1) the order is effective; and
(2) the Board shall make a final disposition of the appeal
not later than 60 days after the Administrator so advises the
Board.
(f) JUDICIAL REVIEW.—A person substantially affected by an
order of the Board under this section, or the Administrator when
the Administrator decides that an order of the Board under this
section will have a significant adverse impact on carrying out this
part, may obtain judicial review of the order under section 46110
of this title. The Administrator shall be made a party to the judicial
review proceedings. Findings of fact of the Board are conclusive
if supported by substantial evidence.
§ 44710. Revocations of airman certificates for controlled
substance violations
(a) DEFINITION.—In this section, ‘‘controlled substance’’ has the
same meaning given that term in section 102 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
(b) REVOCATION.—(1) The Administrator of the Federal Aviation
Administration shall issue an order revoking an airman certificate
issued an individual under section 44703 of this title after the
individual is convicted, under a law of the United States or a
State related to a controlled substance (except a law related to
simple possession of a controlled substance), of an offense punish-
able by death or imprisonment for more than one year if the
Administrator finds that—
(A) an aircraft was used to commit, or facilitate the commis-
sion of, the offense; and
H. R. 1758—448
(B) the individual served as an airman, or was on the
aircraft, in connection with committing, or facilitating the
commission of, the offense.
(2) The Administrator shall issue an order revoking an airman
certificate issued an individual under section 44703 of this title
if the Administrator finds that—
(A) the individual knowingly carried out an activity punish-
able, under a law of the United States or a State related
to a controlled substance (except a law related to simple posses-
sion of a controlled substance), by death or imprisonment for
more than one year;
(B) an aircraft was used to carry out or facilitate the
activity; and
(C) the individual served as an airman, or was on the
aircraft, in connection with carrying out, or facilitating the
carrying out of, the activity.
(3) The Administrator has no authority under paragraph (1)
of this subsection to review whether an airman violated a law
of the United States or a State related to a controlled substance.
(c) ADVICE TO HOLDERS AND OPPORTUNITY TO ANSWER.—Before
the Administrator revokes a certificate under subsection (b) of this
section, the Administrator must—
(1) advise the holder of the certificate of the charges or
reasons on which the Administrator relies for the proposed
revocation; and
(2) provide the holder of the certificate an opportunity
to answer the charges and be heard why the certificate should
not be revoked.
(d) APPEALS.—(1) An individual whose certificate is revoked
by the Administrator under subsection (b) of this section may appeal
the revocation order to the National Transportation Safety Board.
The Board shall affirm or reverse the order after providing notice
and an opportunity for a hearing on the record. When conducting
the hearing, the Board is not bound by findings of fact of the
Administrator but shall be bound by all validly adopted interpreta-
tions of laws and regulations the Administrator carries out and
of written agency policy guidance available to the public related
to sanctions to be imposed under this section unless the Board
finds an interpretation is arbitrary, capricious, or otherwise not
according to law.
(2) When an individual files an appeal with the Board under
this subsection, the order of the Administrator revoking the certifi-
cate is stayed. However, if the Administrator advises the Board
that safety in air transportation or air commerce requires the
immediate effectiveness of the order—
(A) the order remains effective; and
(B) the Board shall make a final disposition of the appeal
not later than 60 days after the Administrator so advises the
Board.
(3) An individual substantially affected by an order of the
Board under this subsection, or the Administrator when the
Administrator decides that an order of the Board will have a signifi-
cant adverse effect on carrying out this part, may obtain judicial
review of the order under section 46110 of this title. The Adminis-
trator shall be made a party to the judicial review proceedings.
Findings of fact of the Board are conclusive if supported by substan-
tial evidence.
H. R. 1758—450
(8) operate an airport without an airport operating certifi-
cate required under section 44706 of this title or in violation
of a term of the certificate; or
(9) manufacture, deliver, sell, or offer for sale any aviation
fuel or additive in violation of a regulation prescribed under
section 44714 of this title.
(b) EXEMPTION.—On terms the Administrator of the Federal
Aviation Administration prescribes as being in the public interest,
the Administrator may exempt a foreign aircraft and airmen serving
on the aircraft from subsection (a) of this section. However, an
exemption from observing air traffic regulations may not be granted.
§ 44712. Emergency locator transmitters
(a) INSTALLATION.—An emergency locator transmitter must be
installed on a fixed-wing powered civil aircraft for use in air com-
merce.
(b) NONAPPLICATION.—Subsection (a) of this section does not
apply to—
(1) turbojet-powered aircraft;
(2) aircraft when used in scheduled flights by scheduled
air carriers holding certificates issued by the Secretary of
Transportation under subpart II of this part;
(3) aircraft when used in training operations conducted
entirely within a 50 mile radius of the airport from which
the training operations begin;
(4) aircraft when used in flight operations related to design
and testing, the manufacture, preparation, and delivery of the
aircraft, or the aerial application of a substance for an agricul-
tural purpose;
(5) aircraft holding certificates from the Administrator of
the Federal Aviation Administration for research and develop-
ment;
(6) aircraft when used for showing compliance with regula-
tions, crew training, exhibition, air racing, or market surveys;
and
(7) aircraft equipped to carry only one individual.
(c) REMOVAL.—The Administrator shall prescribe regulations
specifying the conditions under which an aircraft subject to sub-
section (a) of this section may operate when its emergency locator
transmitter has been removed for inspection, repair, alteration,
or replacement.
§ 44713. Inspection and maintenance
(a) GENERAL EQUIPMENT REQUIREMENTS.—An air carrier shall
make, or cause to be made, any inspection, repair, or maintenance
of equipment used in air transportation as required by this part
or regulations prescribed or orders issued by the Administrator
of the Federal Aviation Administration under this part. A person
operating, inspecting, repairing, or maintaining the equipment shall
comply with those requirements, regulations, and orders.
(b) DUTIES OF INSPECTORS.—The Administrator of the Federal
Aviation Administration shall employ inspectors who shall—
(1) inspect aircraft, aircraft engines, propellers, and appli-
ances designed for use in air transportation, during manufac-
ture and when in use by an air carrier in air transportation,
to enable the Administrator to decide whether the aircraft,
H. R. 1758—451
aircraft engines, propellers, or appliances are in safe condition
and maintained properly; and
(2) advise and cooperate with the air carrier during that
inspection and maintenance.
(c) UNSAFE
AIRCRAFT, ENGINES, PROPELLERS, AND
APPLI-
ANCES.—When an inspector decides that an aircraft, aircraft engine,
propeller, or appliance is not in condition for safe operation, the
inspector shall notify the air carrier in the form and way prescribed
by the Administrator of the Federal Aviation Administration. For
5 days after the carrier is notified, the aircraft, engine, propeller,
or appliance may not be used in air transportation or in a way
that endangers air transportation unless the Administrator or the
inspector decides the aircraft, engine, propeller, or appliance is
in condition for safe operation.
(d) MODIFICATIONS IN SYSTEM.—(1) The Administrator of the
Federal Aviation Administration shall make modifications in the
system for processing forms for major repairs or alterations to
fuel tanks and fuel systems of aircraft not used to provide air
transportation that are necessary to make the system more effective
in serving the needs of users of the system, including 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)). The
modifications shall address at least each of the following deficiencies
in, and abuses of, the existing system:
(A) the lack of a special identification feature to allow
the forms to be distinguished easily from other major repair
and alteration forms.
(B) the excessive period of time required to receive the
forms at the Airmen and Aircraft Registry of the Administra-
tion.
(C) the backlog of forms waiting for processing at the
Registry.
(D) the lack of ready access by law enforcement officials
to information contained on the forms.
(2) The Administrator of the Federal Aviation Administration
shall prescribe regulations to carry out paragraph (1) of this sub-
section 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 enforce-
ment 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 gen-
eral aviation aircraft, and other interested persons.
§ 44714. Aviation fuel standards
The Administrator of the Federal Aviation Administration shall
prescribe—
(1) standards for the composition or chemical or physical
properties of an aircraft fuel or fuel additive to control or
eliminate aircraft emissions the Administrator of the Environ-
mental Protection Agency decides under section 231 of the
Clean Air Act (42 U.S.C. 7571) endanger the public health
or welfare; and
H. R. 1758—452
(2) regulations providing for carrying out and enforcing
those standards.
§ 44715. Controlling aircraft noise and sonic boom
(a) STANDARDS AND REGULATIONS.—(1) To relieve and protect
the public health and welfare from aircraft noise and sonic boom,
the Administrator of the Federal Aviation Administration shall
prescribe—
(A) standards to measure aircraft noise and sonic boom;
and
(B) regulations to control and abate aircraft noise and
sonic boom.
(2) The Administrator of the Federal Aviation Administration
may prescribe standards and regulations under this subsection
only after consulting with the Administrator of the Environmental
Protection Agency. The standards and regulations shall be applied
when issuing, amending, modifying, suspending, or revoking a cer-
tificate authorized under this chapter.
(3) An original type certificate may be issued under section
44704(a) of this title for an aircraft for which substantial noise
abatement can be achieved only after the Administrator of the
Federal Aviation Administration prescribes standards and regula-
tions under this section that apply to that aircraft.
(b) CONSIDERATIONS AND CONSULTATION.—When prescribing a
standard or regulation under this section, the Administrator of
the Federal Aviation Administration shall—
(1) consider relevant information related to aircraft noise
and sonic boom;
(2) consult with appropriate departments, agencies, and
instrumentalities of the United States Government and State
and interstate authorities;
(3) consider whether the standard or regulation is consist-
ent with the highest degree of safety in air transportation
or air commerce in the public interest;
(4) consider whether the standard or regulation is economi-
cally reasonable, technologically practicable, and appropriate
for the applicable aircraft, aircraft engine, appliance, or certifi-
cate; and
(5) consider the extent to which the standard or regulation
will carry out the purposes of this section.
(c) PROPOSED REGULATIONS OF ADMINISTRATOR OF ENVIRON-
MENTAL PROTECTION AGENCY.—The Administrator of the Environ-
mental Protection Agency shall submit to the Administrator of
the Federal Aviation Administration proposed regulations to control
and abate aircraft noise and sonic boom (including control and
abatement through the use of the authority of the Administrator
of the Federal Aviation Administration) that the Administrator
of the Environmental Protection Agency considers necessary to pro-
tect the public health and welfare. The Administrator of the Federal
Aviation Administration shall consider those proposed regulations
and shall publish them in a notice of proposed regulations not
later than 30 days after they are received. Not later than 60
days after publication, the Administrator of the Federal Aviation
Administration shall begin a hearing at which interested persons
are given an opportunity for oral and written presentations. Not
later than 90 days after the hearing is completed and after consult-
H. R. 1758—453
ing with the Administrator of the Environmental Protection Agency,
the Administrator of the Federal Aviation Administration shall—
(1) prescribe regulations as provided by this section—
(A) substantially the same as the proposed regulations
submitted by the Administrator of the Environmental
Protection Agency; or
(B) that amend the proposed regulations; or
(2) publish in the Federal Register—
(A) a notice that no regulation is being prescribed
in response to the proposed regulations of the Adminis-
trator of the Environmental Protection Agency;
(B) a detailed analysis of, and response to, all informa-
tion the Administrator of the Environmental Protection
Agency submitted with the proposed regulations; and
(C) a detailed explanation of why no regulation is
being prescribed.
(d) CONSULTATION AND REPORTS.—(1) If the Administrator of
the Environmental Protection Agency believes that the action of
the Administrator of the Federal Aviation Administration under
subsection (c)(1)(B) or (2) of this section does not protect the public
health and welfare from aircraft noise or sonic boom, consistent
with the considerations in subsection (b) of this section, the
Administrator of the Environmental Protection Agency shall consult
with the Administrator of the Federal Aviation Administration and
may request a report on the advisability of prescribing the regula-
tion as originally proposed. The request, including a detailed state-
ment of the information on which the request is based, shall be
published in the Federal Register.
(2) The Administrator of the Federal Aviation Administration
shall report to the Administrator of the Environmental Protection
Agency within the time, if any, specified in the request. However,
the time specified must be at least 90 days after the date of
the request. The report shall—
(A) be accompanied by a detailed statement of the findings
of the Administrator of the Federal Aviation Administration
and the reasons for the findings;
(B) identify any statement related to an action under sub-
section (c) of this section filed under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C));
(C) specify whether and where that statement is available
for public inspection; and
(D) be published in the Federal Register unless the request
proposes specific action by the Administrator of the Federal
Aviation Administration and the report indicates that action
will be taken.
(e) 
SUPPLEMENTAL
REPORTS.—The 
Administrator 
of 
the
Environmental Protection Agency may request the Administrator
of the Federal Aviation Administration to file a supplemental report
if the report under subsection (d) of this section indicates that
the proposed regulations under subsection (c) of this section, for
which a statement under section 102(2)(C) of the Act (42 U.S.C.
4332(2)(C)) is not required, should not be prescribed. The supple-
mental report shall be published in the Federal Register within
the time the Administrator of the Environmental Protection Agency
specifies. However, the time specified must be at least 90 days
after the date of the request. The supplemental report shall contain
H. R. 1758—454
a comparison of the environmental effects, including those that
cannot be avoided, of the action of the Administrator of the Federal
Aviation Administration and the proposed regulations of the
Administrator of the Environmental Protection Agency.
(f) EXEMPTIONS.—An exemption from a standard or regulation
prescribed under this section may be granted only if, before granting
the exemption, the Administrator of the Federal Aviation Adminis-
tration consults with the Administrator of the Environmental
Protection Agency. However, if the Administrator of the Federal
Aviation Administration finds that safety in air transportation or
air commerce requires an exemption before the Administrator of
the Environmental Protection Agency can be consulted, the exemp-
tion may be granted. The Administrator of the Federal Aviation
Administration shall consult with the Administrator of the Environ-
mental Protection Agency as soon as practicable after the exemption
is granted.
§ 44716. Collision avoidance systems
(a) DEVELOPMENT AND CERTIFICATION.—The Administrator of
the Federal Aviation Administration shall—
(1) complete the development of the collision avoidance
system known as TCAS–II so that TCAS–II can operate under
visual and instrument flight rules and can be upgraded to
the performance standards applicable to the collision avoidance
system known as TCAS–III;
(2) develop and carry out a schedule for developing and
certifying TCAS–II that will result in certification not later
than June 30, 1989; and
(3) submit to Congress monthly reports on the progress
being made in developing and certifying TCAS–II.
(b) INSTALLATION
AND OPERATION.—The Administrator shall
require by regulation that, not later than 30 months after the
date certification is made under subsection (a)(2) of this section,
TCAS–II be installed and operated on each civil aircraft that has
a maximum passenger capacity of at least 31 seats and is used
to provide air transportation of passengers, including intrastate
air transportation of passengers. The Administrator may extend
the deadline in this subsection for not more than 2 years if the
Administrator finds the extension is necessary to promote—
(1) a safe and orderly transition to the operation of a
fleet of civil aircraft described in this subsection equipped with
TCAS–II; or
(2) other safety objectives.
(c) OPERATIONAL EVALUATION.—Not later than December 30,
1990, the Administrator shall establish a one-year program to collect
and assess safety and operational information from civil aircraft
equipped with TCAS–II for the operational evaluation of TCAS–
II. The Administrator shall encourage foreign air carriers that
operate civil aircraft equipped with TCAS–II to participate in the
program.
(d) AMENDING SCHEDULE
FOR WINDSHEAR EQUIPMENT.—The
Administrator shall consider the feasibility and desirability of
amending 
the 
schedule 
for 
installing 
airborne 
low-altitude
windshear equipment to make the schedule compatible with the
schedule for installing TCAS–II.
H. R. 1758—455
(e) DEADLINE FOR DEVELOPMENT AND CERTIFICATION.—(1) The
Administrator shall complete developing and certifying TCAS–III
as soon as possible.
(2) Necessary amounts may be appropriated from the Airport
and Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502) to carry out this
subsection.
(f) INSTALLING AND USING TRANSPONDERS.—The Administrator
shall prescribe regulations requiring that, not later than December
30, 1990, operating transponders with automatic altitude reporting
capability be installed and used for aircraft operating in designated
terminal airspace where radar service is provided for separation
of aircraft. The Administrator may provide for access to that air-
space (except terminal control areas and airport radar service areas)
by nonequipped aircraft if the Administrator finds the access will
not interfere with the normal traffic flow.
§ 44717. Aging aircraft
(a) INSPECTIONS AND REVIEWS.—The Administrator of the Fed-
eral Aviation Administration shall prescribe regulations that ensure
the continuing airworthiness of aging aircraft. The regulations pre-
scribed under subsection (a) of this section—
(1) at least shall require the Administrator to make inspec-
tions, and review the maintenance and other records, of each
aircraft an air carrier uses to provide air transportation that
the Administrator decides may be necessary to enable the
Administrator to decide whether the aircraft is in safe condition
and maintained properly for operation in air transportation;
(2) at least shall require an air carrier to demonstrate
to the Administrator, as part of the inspection, that mainte-
nance of the aircraft’s age-sensitive parts and components has
been adequate and timely enough to ensure the highest degree
of safety;
(3) shall require the air carrier to make available to the
Administrator the aircraft and any records about the aircraft
that the Administrator requires to carry out a review; and
(4) shall establish procedures to be followed in carrying
out an inspection.
(b) WHEN AND HOW INSPECTIONS AND REVIEWS SHALL BE CAR-
RIED OUT.—(1) Inspections and reviews required under subsection
(a)(1) of this section shall be carried out as part of each heavy
maintenance check of the aircraft conducted after the 14th year
in which the aircraft has been in service.
(2) Inspections under subsection (a)(1) of this section shall
be carried out as provided under section 44701(a)(2)(B) and (C)
of this title.
(c) AIRCRAFT MAINTENANCE SAFETY PROGRAMS.—The Adminis-
trator shall establish—
(1) a program to verify that air carriers are maintaining
their aircraft according to maintenance programs approved by
the Administrator;
(2) a program—
(A) to provide inspectors and engineers of the Adminis-
tration with training necessary to conduct auditing inspec-
tions of aircraft operated by air carriers for corrosion and
metal fatigue; and
H. R. 1758—456
(B) to enhance participation of those inspectors and
engineers in those inspections; and
(3) a program to ensure that air carriers demonstrate to
the Administrator their commitment and technical competence
to ensure the airworthiness of aircraft that the carriers operate.
(d) FOREIGN AIR TRANSPORTATION.—(1) The Administrator shall
take all possible steps to encourage governments of foreign countries
and relevant international organizations to develop standards and
requirements for inspections and reviews that—
(A) will ensure the continuing airworthiness of aging air-
craft used by foreign air carriers to provide foreign air transpor-
tation to and from the United States; and
(B) will provide passengers of those foreign air carriers
with the same level of safety that will be provided passengers
of air carriers by carrying out this section.
(2) Not later than September 30, 1994, the Administrator shall
report to Congress on carrying out this subsection.
§ 44718. Structures interfering with air commerce
(a) NOTICE.—By regulation or by order when necessary, the
Secretary of Transportation shall require a person to give adequate
public notice, in the form and way the Secretary prescribes, of
the construction, alteration, establishment, or expansion, or the
proposed construction, alteration, establishment, or expansion, of
a structure or sanitary landfill when the notice will promote—
(1) safety in air commerce; and
(2) the efficient use and preservation of the navigable air-
space and of airport traffic capacity at public-use airports.
(b) STUDIES.—(1) Under regulations prescribed by the Secretary,
if the Secretary decides that constructing or altering a structure
may result in an obstruction of the navigable airspace or an inter-
ference with air navigation facilities and equipment or the navigable
airspace, the Secretary shall conduct an aeronautical study to decide
the extent of any adverse impact on the safe and efficient use
of the airspace, facilities, or equipment. In conducting the study,
the Secretary shall consider factors relevant to the efficient and
effective use of the navigable airspace, including—
(A) the impact on arrival, departure, and en route proce-
dures for aircraft operating under visual flight rules;
(B) the impact on arrival, departure, and en route proce-
dures for aircraft operating under instrument flight rules;
(C) the impact on existing public-use airports and aero-
nautical facilities;
(D) the impact on planned public-use airports and aero-
nautical facilities; and
(E) the cumulative impact resulting from the proposed
construction or alteration of a structure when combined with
the impact of other existing or proposed structures.
(2) On completing the study, the Secretary shall issue a report
disclosing completely the extent of the adverse impact on the safe
and efficient use of the navigable airspace that the Secretary finds
will result from constructing or altering the structure.
(c) BROADCAST APPLICATIONS AND TOWER STUDIES.—In carrying
out laws related to a broadcast application and conducting an
aeronautical study related to broadcast towers, the Administrator
of the Federal Aviation Administration and the Federal Communica-
H. R. 1758—457
tions Commission shall take action necessary to coordinate effi-
ciently—
(1) the receipt and consideration of, and action on, the
application; and
(2) the completion of any associated aeronautical study.
§ 44719. Standards for navigational aids
The Secretary of Transportation shall prescribe regulations on
standards for installing navigational aids, including airport control
towers. For each type of facility, the regulations shall consider
at a minimum traffic density (number of aircraft operations without
consideration of aircraft size), terrain and other obstacles to naviga-
tion, weather characteristics, passengers served, and potential air-
craft operating efficiencies.
§ 44720. Meteorological services
(a) RECOMMENDATIONS.—The Administrator of the Federal
Aviation Administration shall make recommendations to the Sec-
retary of Commerce on providing meteorological services necessary
for the safe and efficient movement of aircraft in air commerce.
In providing the services, the Secretary shall cooperate with the
Administrator and give complete consideration to those rec-
ommendations.
(b) PROMOTING SAFETY AND EFFICIENCY.—To promote safety
and efficiency in air navigation to the highest possible degree,
the Secretary shall—
(1) observe, measure, investigate, and study atmospheric
phenomena, and maintain meteorological stations and offices,
that are necessary or best suited for finding out in advance
information about probable weather conditions;
(2) provide reports to the Administrator to persons engaged
in civil aeronautics that are designated by the Administrator
and to other persons designated by the Secretary in a way
and with a frequency that best will result in safety in, and
facilitating, air navigation;
(3) cooperate with persons engaged in air commerce in
meteorological services, maintain reciprocal arrangements with
those persons in carrying out this clause, and collect and distrib-
ute weather reports available from aircraft in flight;
(4) maintain and coordinate international exchanges of
meteorological information required for the safety and efficiency
of air navigation;
(5) in cooperation with other departments, agencies, and
instrumentalities of the United States Government, meteoro-
logical services of foreign countries, and persons engaged in
air commerce, participate in developing an international basic
meteorological reporting network, including the establishment,
operation, and maintenance of reporting stations on the high
seas, in polar regions, and in foreign countries;
(6) coordinate meteorological requirements in the United
States to maintain standard observations, to promote efficient
use of facilities, and to avoid duplication of services unless
the duplication tends to promote the safety and efficiency of
air navigation; and
(7) promote and develop meteorological science and foster
and support research projects in meteorology through the use
of private and governmental research facilities and provide
H. R. 1758—458
for publishing the results of the projects unless publication
would not be in the public interest.
§ 44721. Aeronautical maps and charts
(a) PUBLICATION.—(1) The Administrator of the Federal Avia-
tion Administration may arrange for the publication of aeronautical
maps and charts necessary for the safe and efficient movement
of aircraft in air navigation, using the facilities and assistance
of departments, agencies, and instrumentalities of the United States
Government as far as practicable.
(2) In carrying out paragraph (1) of this subsection, the
Administrator shall update and arrange for the publication of
clearly defined routes for navigating through a complex terminal
airspace area and to and from an airport located in such an area,
if the Administrator decides that publication of the routes would
promote safety in air navigation. The routes shall be developed
in consultation with pilots and other users of affected airports
and shall be for the optional use of pilots operating under visual
flight rules.
(b) INDEMNIFICATION.—The Government shall make an agree-
ment to indemnify any person that publishes a map or chart for
use in aeronautics from any part of a claim arising out of the
depiction by the person on the map or chart of a defective or
deficient flight procedure or airway if the flight procedure or airway
was—
(1) prescribed by the Administrator;
(2) depicted accurately on the map or chart; and
(3) not obviously defective or deficient.
§ 44722. Aircraft operations in winter conditions
The Administrator of the Federal Aviation Administration shall
prescribe regulations requiring procedures to improve safety of air-
craft operations during winter conditions. In deciding on the proce-
dures to be required, the Administrator shall consider at least
aircraft and air traffic control modifications, the availability of
different types of deicing fluids (considering their efficacy and
environmental limitations), the types of deicing equipment avail-
able, and the feasibility and desirability of establishing timeframes
within which deicing must occur under certain types of inclement
weather.
§ 44723. Annual report
Not later than January 1 of each year, the Secretary of
Transportation shall submit to Congress a comprehensive report
on the safety enforcement activities of the Federal Aviation
Administration during the fiscal year ending the prior September
30th. The report shall include—
(1) a comparison of end-of-year staffing levels by operations,
maintenance, and avionics inspector categories to staffing goals
and a statement on how staffing standards were applied to
make allocations between air carrier and general aviation oper-
ations, maintenance, and avionics inspectors;
(2) schedules showing the range of inspector experience
by various inspector work force categories, and the number
of inspectors in each of the categories who are considered
fully qualified;