H. R. 1000—72
‘‘(1) IN GENERAL.—Subject to paragraph (2), on and after
January 1, 2002, subsection (a) does not apply to—
‘‘(A) aircraft when used in scheduled flights by sched-
uled air carriers holding certificates issued by the Secretary
of Transportation under subpart II of this part;
‘‘(B) aircraft when used in training operations con-
ducted entirely within a 50-mile radius of the airport from
which the training operations begin;
‘‘(C) aircraft when used in flight operations related
to the design and testing, manufacture, preparation, and
delivery of aircraft;
‘‘(D) aircraft when used in research and development
if the aircraft holds a certificate from the Administrator
of the Federal Aviation Administration to carry out such
research and development;
‘‘(E) aircraft when used in showing compliance with
regulations, crew training, exhibition, air racing, or market
surveys;
‘‘(F) aircraft when used in the aerial application of
a substance for an agricultural purpose;
‘‘(G) aircraft with a maximum payload capacity of more
than 18,000 pounds when used in air transportation; or
‘‘(H) aircraft equipped to carry only one individual.
‘‘(2) DELAY IN IMPLEMENTATION.—The Administrator of the
Federal Aviation Administration may continue to implement
subsection (b) rather than subsection (c) for a period not to
exceed 2 years after January 1, 2002, if the Administrator
finds such action is necessary to promote—
‘‘(A) a safe and orderly transition to the operation
of civil aircraft equipped with an emergency locator; or
‘‘(B) other safety objectives.
‘‘(d) COMPLIANCE.—An aircraft meets the requirement of sub-
section (a) if it is equipped with an emergency locator transmitter
that transmits on the 121.5/243 megahertz frequency or the 406
megahertz frequency or with other equipment approved by the
Secretary for meeting the requirement of subsection (a).’’.
(b) REGULATIONS.—The Secretary shall issue regulations to
carry out section 44712(c) of title 49, United States Code, as
amended by this section, not later than January 1, 2001.
SEC. 502. CARGO COLLISION AVOIDANCE SYSTEMS DEADLINES.
Section 44716 is amended by adding at the end the following:
‘‘(g) CARGO COLLISION AVOIDANCE SYSTEMS.—
‘‘(1) IN GENERAL.—The Administrator shall require by regu-
lation that, no later than December 31, 2002, collision avoidance
equipment be installed on each cargo aircraft with a maximum
certificated takeoff weight in excess of 15,000 kilograms.
‘‘(2) EXTENSION
OF
DEADLINE.—The Administrator may
extend the deadline established by paragraph (1) by not more
than 2 years if the Administrator finds that the extension
is needed to promote—
‘‘(A) a safe and orderly transition to the operation
of a fleet of cargo aircraft equipped with collision avoidance
equipment; or
‘‘(B) other safety or public interest objectives.
‘‘(3) COLLISION AVOIDANCE EQUIPMENT DEFINED.—In this
subsection, the term ‘collision avoidance equipment’ means
H. R. 1000—73
equipment that provides protection from mid-air collisions using
technology that provides—
‘‘(A) cockpit-based collision detection and conflict reso-
lution guidance, including display of traffic; and
‘‘(B) a margin of safety of at least the same level
as provided by the collision avoidance system known as
TCAS–II.’’.
SEC. 503. LANDFILLS INTERFERING WITH AIR COMMERCE.
(a) FINDINGS.—Congress finds that—
(1) collisions between aircraft and birds have resulted in
fatal accidents;
(2) bird strikes pose a special danger to smaller aircraft;
(3) landfills near airports pose a potential hazard to aircraft
operating there because they attract birds;
(4) even if the landfill is not located in the approach path
of the airport’s runway, it still poses a hazard because of
the birds’ ability to fly away from the landfill and into the
path of oncoming planes;
(5) while certain mileage limits have the potential to be
arbitrary, keeping landfills at least 6 miles away from an
airport, especially an airport served by small planes, is an
appropriate minimum requirement for aviation safety; and
(6) closure of existing landfills (due to concerns about avia-
tion safety) should be avoided because of the likely disruption
to those who use and depend on such landfills.
(b) 
LIMITATION
ON
CONSTRUCTION.—Section 
44718(d) 
is
amended to read as follows:
‘‘(d) LIMITATION ON CONSTRUCTION OF LANDFILLS.—
‘‘(1) IN GENERAL.—No person shall construct or establish
a municipal solid waste landfill (as defined in section 258.2
of title 40, Code of Federal Regulations, as in effect on the
date of the enactment of this subsection) that receives putres-
cible waste (as defined in section 257.3–8 of such title) within
6 miles of a public airport that has received grants under
chapter 471 and is primarily served by general aviation aircraft
and regularly scheduled flights of aircraft designed for 60 pas-
sengers or less unless the State aviation agency of the State
in which the airport is located requests that the Administrator
of the Federal Aviation Administration exempt the landfill from
the application of this subsection and the Administrator deter-
mines that such exemption would have no adverse impact on
aviation safety.
‘‘(2) LIMITATION ON APPLICABILITY.—Paragraph (1) shall not
apply in the State of Alaska and shall not apply to the construc-
tion, establishment, expansion, or modification of, or to any
other activity undertaken with respect to, a municipal solid
waste landfill if the construction or establishment of the landfill
was commenced on or before the date of the enactment of
this subsection.’’.
(c) CIVIL
PENALTY
FOR
VIOLATIONS
OF
LIMITATION
ON
CONSTRUCTION OF LANDFILLS.—Section 46301(a)(3) is amended—
(1) in subparagraph (A) by striking ‘‘or’’ at the end;
(2) in subparagraph (B) by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
H. R. 1000—74
‘‘(C) a violation of section 44718(d), relating to the limita-
tion on construction or establishment of landfills;’’.
SEC. 504. LIFE-LIMITED AIRCRAFT PARTS.
(a) IN GENERAL.—Chapter 447 is amended by adding at the
end the following:
‘‘§ 44725. Life-limited aircraft parts
‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation
Administration shall conduct a rulemaking proceeding to require
the safe disposition of life-limited parts removed from an aircraft.
The rulemaking proceeding shall ensure that the disposition deter
installation on an aircraft of a life-limited part that has reached
or exceeded its life limits.
‘‘(b) SAFE DISPOSITION.—For the purposes of this section, safe
disposition includes any of the following methods:
‘‘(1) The part may be segregated under circumstances that
preclude its installation on an aircraft.
‘‘(2) The part may be permanently marked to indicate its
used life status.
‘‘(3) The part may be destroyed in any manner calculated
to prevent reinstallation in an aircraft.
‘‘(4) The part may be marked, if practicable, to include
the recordation of hours, cycles, or other airworthiness informa-
tion. If the parts are marked with cycles or hours of usage,
that information must be updated every time the part is
removed from service or when the part is retired from service.
‘‘(5) Any other method approved by the Administrator.
‘‘(c) DEADLINES.—In conducting the rulemaking proceeding
under subsection (a), the Administrator shall—
‘‘(1) not later than 180 days after the date of the enactment
of this section, issue a notice of proposed rulemaking; and
‘‘(2) not later than 180 days after the close of the comment
period on the proposed rule, issue a final rule.
‘‘(d) PRIOR-REMOVED
LIFE-LIMITED
PARTS.—No rule issued
under subsection (a) shall require the marking of parts removed
from aircraft before the effective date of the rules issued under
subsection (a), nor shall any such rule forbid the installation of
an otherwise airworthy life-limited part.’’.
(b) CIVIL PENALTY.—Section 46301(a)(3) (as amended by section
503(c) of this Act) is further amended by adding at the end the
following:
‘‘(D) a violation of section 44725, relating to the safe dis-
posal of life-limited aircraft parts; or’’.
(c) CONFORMING AMENDMENT.—The analysis for chapter 447
is amended by adding at the end the following:
‘‘44725. Life-limited aircraft parts.’’.
SEC. 505. COUNTERFEIT AIRCRAFT PARTS.
(a) DENIAL; REVOCATION; AMENDMENT OF CERTIFICATE.—
(1) IN
GENERAL.—Chapter 447 is further amended by
adding at the end the following:
‘‘§ 44726. Denial and revocation of certificate for counterfeit
parts violations
‘‘(a) DENIAL OF CERTIFICATE.—
‘‘(1) IN
GENERAL.—Except as provided in paragraph (2)
of this subsection and subsection (e)(2), the Administrator of
H. R. 1000—75
the Federal Aviation Administration may not issue a certificate
under this chapter to any person—
‘‘(A) convicted in a court of law of a violation of a
law of the United States relating to the installation, produc-
tion, repair, or sale of a counterfeit or fraudulently-rep-
resented aviation part or material; or
‘‘(B) subject to a controlling or ownership interest of
an individual convicted of such a violation.
‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the
Administrator may issue a certificate under this chapter to
a person described in paragraph (1) if issuance of the certificate
will facilitate law enforcement efforts.
‘‘(b) REVOCATION OF CERTIFICATE.—
‘‘(1) IN GENERAL.—Except as provided in subsections (f )
and (g), the Administrator shall issue an order revoking a
certificate issued under this chapter if the Administrator finds
that the holder of the certificate or an individual who has
a controlling or ownership interest in the holder—
‘‘(A) was convicted in a court of law of a violation
of a law of the United States relating to the installation,
production, repair, or sale of a counterfeit or fraudulently-
represented aviation part or material; or
‘‘(B) knowingly, and with the intent to defraud, carried
out or facilitated an activity punishable under a law
described in paragraph (1)(A).
‘‘(2) NO AUTHORITY TO REVIEW VIOLATION.—In carrying out
paragraph (1), the Administrator may not review whether a
person violated a law described in paragraph (1)(A).
‘‘(c) NOTICE REQUIREMENT.—Before the Administrator revokes
a certificate under subsection (b), the Administrator shall—
‘‘(1) advise the holder of the certificate of the reason for
the revocation; and
‘‘(2) provide the holder of the certificate an opportunity
to be heard on why the certificate should not be revoked.
‘‘(d) APPEAL.—The provisions of section 44710(d) apply to the
appeal of a revocation order under subsection (b). For the purpose
of applying that section to the appeal, ‘person’ shall be substituted
for ‘individual’ each place it appears.
‘‘(e) ACQUITTAL OR REVERSAL.—
‘‘(1) IN GENERAL.—The Administrator may not revoke, and
the National Transportation Safety Board may not affirm a
revocation of, a certificate under subsection (b)(1)(B) if the
holder of the certificate or the individual referred to in sub-
section (b)(1) is acquitted of all charges directly related to
the violation.
‘‘(2) REISSUANCE.—The Administrator may reissue a certifi-
cate revoked under subsection (b) of this section to the former
holder if—
‘‘(A) the former holder otherwise satisfies the require-
ments of this chapter for the certificate; and
‘‘(B)(i) the former holder or the individual referred
to in subsection (b)(1), is acquitted of all charges related
to the violation on which the revocation was based; or
‘‘(ii) the conviction of the former holder or such indi-
vidual of the violation on which the revocation was based
is reversed.