49 U.S.C. § 44705: Air carrier operating certificates

contain terms necessary to ensure safety in air transportation; and specify the places to and from which, and the airways of the United States over which, a person may operate as an air carrier. holds a certificate identifying the person as an air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations[,] and conducts all commercial air tours under the applicable provisions of part 121 or part 135 of title 14, Code of Federal Regulations; or conducts all commercial air tours pursuant to the requirements established by the Administrator [of the Federal Aviation Administration] under the final rule published pursuant to paragraph (3). The provisions of clause (i) shall not apply to a person who conducts 100 or fewer commercial air tours in a calendar year. Not later than 3 years after the date of enactment of this Act [ May 16, 2024 ], the Administrator shall issue new or revised regulations to require a commercial air tour operator seeking to conduct an operation with a removed or modified door and a person conducting aerial photography operations seeking to conduct an operation with a removed or modified door to receive approval from the Administrator prior to conducting such operation. In issuing new or revised regulations under clause (i), the Administrator may impose such conditions and restrictions as determined necessary for safety. specific terrain, weather, and infrastructure challenges relevant in the local operating environment that increase the risk of such accidents; pilot decision-making relevant to the avoidance of instrument meteorological conditions while operating under visual flight rules; use of terrain awareness displays; spatial disorientation risk factors and countermeasures; and strategies for maintaining control, including the use of automated systems. The Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to increase the safety of commercial air tours. the adoption of pilot training standards that are comparable, as applicable, to the standards under subpart H of part 135 of title 14, Code of Federal Regulations; and the adoption of maintenance standards that are comparable, as applicable, to the standards under subpart J of part 135 of title 14, Code of Federal Regulations; 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; 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 under section 13.401 of title 14, Code of Federal Regulations (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); requiring all commercial air tour operators to implement a flight data monitoring program, such as a Flight Operational Quality Assurance Program; establishing methods to provide effective terrain awareness and warning; and includes both visual and aural alerts; is driven by an algorithm designed to eliminate nuisance alerts; and is operational during all flight operations. codifying and uniformly applying Living History Flight Experience exemption conditions and limitations. representatives of industry, including manufacturers of aircraft and aircraft technologies; air tour operators or organizations that represent such operators; and 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. The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in clauses (i) through (vi) of subparagraph (B). recommendations of the National Transportation Safety Board; recommendations of previous aviation rulemaking committees that reviewed flight data monitoring program requirements for commercial operators under part 135 of title 14, Code of Federal Regulations; recommendations from industry safety organizations, including the Vertical Aviation Safety Team, the General Aviation Joint Safety Committee, and the United States Helicopter Safety Team; 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; appropriate use of data for modifying behavior to prevent accidents; the need to accommodate technological advancements in flight data recording technology; data gathered from aviation safety reporting programs; appropriate methods to provide effective terrain awareness and warning system protections while mitigating nuisance alerts for aircraft; the need to accommodate the diversity of airworthiness standards under part 27 and part 29 of title 14, Code of Federal Regulations; the need to accommodate diversity of operations and mission sets; benefits of third-party data analysis for large and small operations; accommodations necessary for small businesses; and other issues, as necessary. Not later than 20 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report based on the findings of the aviation rulemaking committee. Not later than 1 year after the date the Administrator submits a report under paragraph (2)(E), the Administrator shall issue a notice of proposed rulemaking establishing increasing safety regulations for commercial air tour operators based on the recommendations of the rulemaking committee established under paragraph (2). the adoption of pilot training standards that are comparable, as applicable, to the standards under subpart H of part 135 of title 14, Code of Federal Regulations[,] for commercial tour operators; the adoption of maintenance standards that are comparable, as applicable, to the standards under subpart J of part 135 of title 14, Code of Federal Regulations[,] for commercial tour operators; and that beginning on a date determined appropriate by the Administrator, a helicopter operated by a commercial air tour operator be equipped with an approved flight data monitoring system capable of recording flight performance data. Not later than 2 years after the issuance of a notice of proposed rulemaking under subparagraph (A), the Administrator shall finalize the rule. The Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to increase the safety of sport parachute operations. whether FAA-approved aircraft maintenance and inspection programs that consider, at a minimum, minimum equipment standards informed by recommended maintenance instructions of engine manufacturers, such as service bulletins and service information letters for time between overhauls and component life limits, should be implemented; and initial and annual recurrent pilot training and proficiency checks 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 the revision of guidance material contained in the advisory circular of the FAA [Federal Aviation Administration] titled ‘Sport Parachuting’ (AC 105–2E) to include guidance for parachute operations in implementing the FAA-approved aircraft maintenance and inspection program and the pilot training and pilot proficiency checking programs required under any new or revised regulations; and part 91 of title 14, Code of Federal Regulations; and an exception specified in section 119.1(e) of title 14, Code of Federal Regulations. representatives of industry, including manufacturers of aircraft and aircraft technologies; parachute operators, or organizations that represent such operators; and 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. The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (2). findings and recommendations of the National Transportation Safety Board, as relevant, and specifically such findings and recommendations related to parachute operations, including the June 21, 2019 , incident in Mokuleia, Hawaii; recommendations of previous aviation rulemaking committees that considered similar issues; recommendations from industry safety organizations, including, at a minimum, the United States Parachute Association; appropriate use of data for modifying behavior to prevent accidents; data gathered from aviation safety reporting programs; the need to accommodate diversity of operations and mission sets; accommodations necessary for small businesses; and other issues as necessary. Not later than 36 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee. any recommendations submitted by the aviation rulemaking committee; and any actions the Administrator intends to initiate, if necessary, as a result of such recommendations. The term ‘air carrier’ has the meaning given such term in section 40102 of title 49 , United States Code. The term ‘commercial air tour’ has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations. The term ‘commercial air tour operator’ has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations. The term ‘parachute operation’ has the meaning given such term in section 105.3 of title 14, Code of Federal Regulations (or any successor regulation).”