II 111th CONGRESS 1st Session S. 1284 IN THE SENATE OF THE UNITED STATES June 17, 2009 Ms. Snowe (for herself and Mrs. Boxer) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the implementation of certain recommendations of the National Transportation Safety Board, to require the establishment of national standards with respect to flight requirements for pilots, to require the development of fatigue management plans, and for other purposes.

1.

Short title

This Act may be cited as the Ensuring One Level of Aviation Safety Act of 2009.

2.

Implementation of recommendations of the National Transportation Safety Board

(a)

Implementation of certain recommendations

Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall implement the following recommendations of the National Transportation Safety Board: (1)Recommendations A–03–53 through A–03–54, dated December 2, 2003 (relating to inspections for general aviation aircraft and low-airspeed alert systems for all aircraft). (2)Recommendation A–05–14, dated May 13, 2005 (relating to programs for flight crewmembers who have demonstrated deficiencies in performance or training). (3)Recommendations A–06–48 through A–06–51, dated July 10, 2006 (relating to aircraft operations in cold or icy conditions). (4)Recommendation A–07–8, dated January 23, 2007 (relating to developing programs of education for air carrier pilots). (b)

Determinations with respect to pending and future recommendations

(1)

In general

Not later than 180 days after the National Transportation Safety Board provides the Administrator of the Federal Aviation Administration with a safety recommendation, the Administrator shall submit to Congress a notification— (A)indicating whether or not the Administrator has determined to implement the recommendation; and (B)(i)if the Administrator determines to implement the recommendation, describing the actions the Administrator plans to take to implement the recommendation; or (ii)if the Administrator determines not to implement the recommendation, describing the reasons for that determination. (2)

Pending recommendations

Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress the notification described in paragraph (1) with respect to each recommendation of the National Transportation Safety Board— (A)made before the date of the enactment of this Act; and (B)that is not implemented before such date of enactment.

3.

Certification of receipt of Federal Aviation Administration airworthiness directives and other orders by air carriers

Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress a plan that contains— (1)a certification process under which each air carrier will certify to the Administration that the air carrier has received an airworthiness directive or other order issued by the Administration; and (2)a plan for ensuring the compliance of air carriers with such directives and orders.

4.

Safety inspections of regional air carriers

(a)

In general

The Administrator of the Federal Aviation Administration shall, not less frequently than once each year, perform random, unannounced, on-site inspections of regional air carriers to ensure that such air carriers are complying with all applicable safety standards of the Administration. (b)

Regional air carriers defined

The Administrator of the Federal Aviation Administration shall determine which air carriers are regional air carriers for purposes of subsection (a).

5.

Establishment of safety standards with respect to the training, hiring, and operation of aircraft by pilots

(a)

Completion of rulemaking on training programs

Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a final rule with respect to the Notice of Proposed Rulemaking published in the Federal Register on January 12, 2009 (74 Fed. Reg. 1280; relating to training programs for flight crewmembers and aircraft dispatchers). (b)

Establishment of national standard with respect to minimum number of flight hours required to hire commercial aircraft pilots

Not later than 1 year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall revise regulations under part 61 of title 14, Code of Federal Regulations, to increase the minimum number of hours of flight experience required for pilots to conduct flight operations under parts 121 and 135 of title 14, Code of Federal Regulations.

6.

Regulations to address pilot fatigue

(a)

Regulations on work hours for pilots

Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall prescribe regulations specifying limitations on hours of flight time allowed for pilots to address problems relating to pilot fatigue. (b)

Fatigue management plans

Not later than 1 year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall prescribe regulations— (1)providing guidance to air carriers to develop plans to ensure that pilots are not operating aircraft while fatigued; (2)requiring air carriers to submit such plans to the Administration not later than 180 days after the Administrator issues the final rule with respect to the regulations and to update such plans on a regular basis; and (3)establishing standards and procedures for the submission of such plans and the review of such plans by the Administration.

7.

Access by air carriers to information about practical test failures by pilots

Section 44703(h)(1)(A) of title 49, United States Code, is amended— (1)in clause (i), by striking ; and and inserting a semicolon; (2)by redesignating clause (ii) as clause (iii); and (3)by inserting after clause (i) the following: (ii)any failed attempt of the individual to pass a practical test required to obtain a certificate or type rating under part 61 of title 14, Code of Federal Regulations; and .

8.

Oversight of pilot training schools

Not later than 1 year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress a plan for overseeing pilot schools certified under part 141 of title 14, Code of Federal Regulations, that includes— (1)ensuring that the curriculum and course outline requirements for such schools under subpart C of such part are being met; and (2)conducting on-site inspections of each such school not less frequently than once every 2 years.