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year, random, onsite inspections of air carriers that pro-
vide air transportation pursuant to a contract with a part 
121 air carrier to ensure that such air carriers are com-
plying with all applicable safety standards of the Adminis-
tration. 
SEC. 212. PILOT FATIGUE. 
(a) FLIGHT AND DUTY TIME REGULATIONS.— 
(1) IN
GENERAL.—In accordance with para-
graph (3), the Administrator of the Federal Aviation 
Administration shall issue regulations, based on the 
best available scientific information, to specify limi-
tations on the hours of flight and duty time allowed 
for pilots to address problems relating to pilot fa-
tigue. 
(2) MATTERS
TO
BE
ADDRESSED.—In con-
ducting the rulemaking proceeding under this sub-
section, the Administrator shall consider and review 
the following: 
(A) Time of day of flights in a duty period. 
(B) Number of takeoff and landings in a 
duty period. 
(C) Number of time zones crossed in a 
duty period. 
(D) The impact of functioning in multiple 
time zones or on different daily schedules. 
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(E) Research conducted on fatigue, sleep, 
and circadian rhythms. 
(F) Sleep and rest requirements rec-
ommended 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 
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(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
MANAGE-
MENT 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 man-
agement 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 in-
crease awareness of— 
(i) fatigue; 
(ii) the effects of fatigue on pilots; 
and 
(iii) fatigue countermeasures. 
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(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 Adminis-
trator shall provide suggested modifications for re-
submission of the plan. 
(4) PLAN UPDATES.— 
(A) IN GENERAL.—A part 121 air carrier 
shall update its fatigue risk management plan 
under paragraph (1) every 2 years and submit 
the update to the Administrator for review and 
acceptance. 
(B) REVIEW.—Not later than 12 months 
after the date of submission of a plan update 
under subparagraph (A), the Administrator 
shall review and accept or reject the update. If 
the Administrator rejects an update, the Ad-
ministrator shall provide suggested modifica-
tions for resubmission of the update. 
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(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 sub-
section 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 pen-
alties 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 Na-
tional 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 com-
mute; 
(B) information relating to commuting by 
pilots, including distances traveled, time zones 
crossed, time spent, and methods used; 
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(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 Manage-
ment Symposium: Partnerships for Solutions’’; 
(F) Federal Aviation Administration and 
international policies and guidance regarding 
commuting; and 
(G) any other matters as the Adminis-
trator considers appropriate. 
(3) PRELIMINARY FINDINGS.—Not later than 
120 days after the date of entering into arrange-
ments 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 para-
graph (1), the National Academy of Sciences shall 
submit a report to the Administrator containing its 
findings under the study and any recommendations 
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for regulatory or administrative actions by the Fed-
eral Aviation Administration concerning commuting 
by pilots. 
(5) RULEMAKING.—Following receipt of the re-
port of the National Academy of Sciences under 
paragraph (4), the Administrator shall— 
(A) consider the findings and recommenda-
tions in the report; and 
(B) update, as appropriate based on sci-
entific 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 Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the aviation 
safety action program, the flight operational quality assur-
ance program, the line operations safety audit, and the 
advanced qualification program. 
(b) CONTENTS.—The report shall include— 
(1) a list of— 
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(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 Administra-
tion 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 vol-
untary safety programs is stored; 
(B) how the data derived from such pro-
grams is protected and secured; and 
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(C) what data analysis processes air car-
riers 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 Depart-
ment of Transportation; and 
(9) such other matters as the Administrator de-
termines are appropriate. 
SEC. 214. ASAP AND FOQA IMPLEMENTATION PLAN. 
(a) DEVELOPMENT AND IMPLEMENTATION PLAN.— 
The Administrator of the Federal Aviation Administration 
shall develop and implement a plan to facilitate the estab-
lishment of an aviation safety action program and a flight 
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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 con-
sider— 
(1) how the Administration can assist part 121 
air carriers with smaller fleet sizes to derive a ben-
efit from establishing a flight operational quality as-
surance 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 safe-
ty inspectors can better utilize data from such data-
base 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. 
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(d) DEADLINE FOR BEGINNING IMPLEMENTATION 
OF PLAN.—Not later than one year after the date of en-
actment of this Act, the Administrator shall begin imple-
mentation of the plan developed under subsection (a). 
SEC. 215. SAFETY MANAGEMENT SYSTEMS. 
(a) RULEMAKING.—The Administrator of the Fed-
eral Aviation Administration shall conduct a rulemaking 
proceeding to require all part 121 air carriers to imple-
ment 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 pro-
gram. 
(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 en-
actment 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). 
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(d) SAFETY MANAGEMENT SYSTEM DEFINED.—In 
this section, the term ‘‘safety management system’’ means 
the program established by the Federal Aviation Adminis-
tration in Advisory Circular 120–92, dated June 22, 2006, 
including any subsequent revisions thereto. 
SEC. 216. FLIGHT CREWMEMBER SCREENING AND QUALI-
FICATIONS. 
(a) REQUIREMENTS.— 
(1) RULEMAKING PROCEEDING.—The Adminis-
trator 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
CREW-
MEMBERS.—Rules issued under paragraph (1) 
shall ensure that prospective flight crew-
members undergo comprehensive preemploy-
ment screening, including an assessment of the 
skills, aptitudes, airmanship, and suitability of 
each applicant for a position as a flight crew-
member in terms of functioning effectively in 
the air carrier’s operational environment. 
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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 envi-
ronment; 
(B) function effectively in adverse weather 
conditions, including icing conditions; 
(C) function effectively during high alti-
tude operations; 
(D) adhere to the highest professional 
standards; and 
(E) function effectively in an air carrier 
operational environment. 
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(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
OPER-
ATIONAL CONDITIONS.—The total flight hours re-
quired by the Administrator under subsection (b)(1) 
shall include sufficient flight hours, as determined 
by the Administrator, in difficult operational condi-
tions that may be encountered by an air carrier to 
enable a pilot to operate safely in such conditions. 
(d) CREDIT TOWARD FLIGHT HOURS.—The Admin-
istrator may allow specific academic training courses, be-
yond 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 assess-
ment and recommendations of the expert panel to review 
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part 121 and part 135 training hours established by sec-
tion 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). 
Passed the House of Representatives July 29, 2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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