[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4645 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4645

To improve the requirements for commercial air tours and commercial air 
                tour operators, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2020

  Ms. Baldwin introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To improve the requirements for commercial air tours and commercial air 
                tour operators, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Amy and Jocelyn Gannon Helicopter 
Tour Safety Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the FAA.
            (2) Commercial air tour.--The term ``commercial air tour'' 
        has the meaning given that term in section 110.2 of title 14, 
        Code of Federal Regulations, as it applies to helicopters.
            (3) Commercial air tour operator.--
                    (A) In general.--The term ``commercial air tour 
                operator'' means any person, operating under part 91, 
                93, 121, 135, or 136 of title 14, Code of Federal 
                Regulations, who conducts a commercial air tour.
                    (B) Clarification.--The operations described in 
                subparagraph (A) include any operation under section 
                119.1(e)(1) of title 14, Code of Federal Regulations, 
                provided that the operator of such operation has 
                received and is in compliance with a Letter of 
                Authorization issued under section 91.147 of title 14, 
                Code of Federal Regulations.
            (4) FAA.--The term ``FAA'' means the Federal Aviation 
        Administration.
            (5) IFR conditions.--The term ``IFR conditions'' has the 
        meaning given that term in section 1.1 of title 14, Code of 
        Federal Regulations.
            (6) NTSB.--The term ``NTSB'' means the National 
        Transportation Safety Board.

SEC. 3. REVIEW OF COMMERCIAL AIR TOUR ROUTES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall do the following:
            (1) Develop a process to review and approve any flight 
        route used by a commercial air tour operator.
            (2) Update the operator manual content requirements under 
        part 135 of title 14, Code of Federal Regulations, as it 
        relates to helicopter air tour operators, to require 
        information about flight routes.
    (b) Evaluation of Weather Data.--Not later than 180 days after the 
date of enactment of this Act, the Administrator, in consultation with 
the National Weather Service, shall develop and implement the 
following:
            (1) A process to obtain and evaluate weather data to 
        identify any flight route, or segment of a flight route, used 
        by a commercial air tour operator that is susceptible to 
        rapidly changing weather events.
            (2) Criteria to determine whether the frequency of such 
        rapidly changing weather events on such flight route, or 
        segment of such flight route, requires that a commercial air 
        tour operator be prohibited from flying along any section of a 
        flight route.

SEC. 4. FAA AVIATION WEATHER CAMERA PROGRAM.

    (a) Weather Cameras.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall issue such regulations 
as are necessary to implement the following NTSB recommendations:
            (1) Safety Recommendation A-13-025, issued on August 15, 
        2013 (relating to initiating an aviation weather camera program 
        in Hawaii that includes the installation and maintenance of 
        aviation weather cameras at critical locations in Hawaii and to 
        establish public access to these aviation weather cameras' 
        real-time imagery).
            (2) Safety Recommendation A-13-026, issued on August 13, 
        2013 (relating to installing and maintaining aviation weather 
        cameras in those mountain passes in the continental United 
        States identified as being high risk and to establish public 
        access to these aviation weather cameras' real-time imagery).
    (b) Survey of Weather Cameras.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act and biennially thereafter, the 
        Administrator shall survey the number and placement of any 
        weather camera installed through the FAA's Aviation Weather 
        Camera Program, or an equivalent State-sponsored program, to 
        determine whether there is sufficient weather camera coverage.
            (2) Request for additional resources.--If, as a result of 
        the survey conducted pursuant to paragraph (1), the 
        Administrator determines that additional funding for the 
        installation or maintenance of weather cameras is needed, the 
        Administrator shall include that information in the FAA's 
        annual budget request to Congress.
    (c) Training on Weather Cameras.--
            (1) Commercial air tour operator training.--Not later than 
        2 years after the date of enactment of this Act, the 
        Administrator shall establish training requirements for each 
        commercial air tour operator to utilize real-time weather 
        information made available through the FAA's Aviation Weather 
        Camera Program, including--
                    (A) using the information to determine whether it 
                is safe to fly in any area of a flight route used by a 
                commercial air tour operator that is susceptible to 
                rapidly changing weather events; and
                    (B) advising flight crew members on alternative 
                flight routes or the need for an immediate landing when 
                any rapidly changing weather event develops or occurs.
            (2) Flight service station specialist training.--Not later 
        than 90 days after the date of enactment of this Act, the 
        Administrator shall initiate rulemaking to implement NTSB 
        Safety Recommendation A-13-027, issued on August 15, 2013 
        (relating to equipping the flight service station specialists 
        responsible for Hawaii and the continental United States with 
        the technical capabilities and training to provide verbal 
        preflight and en route briefings using aviation weather camera 
        imagery).

SEC. 5. FLIGHT DATA MONITORING PROGRAM.

    Not later than 90 days after the date of enactment of this Act, the 
Administrator shall initiate rulemaking for such regulations as are 
necessary to implement the following NTSB recommendations, as they 
relate to helicopter air tour operators:
            (1) Safety Recommendation A-16-034, issued on November 3, 
        2016 (relating to requiring all 14 Code of Federal Regulations 
        Part 135 operators to install flight data recording devices 
        capable of supporting a flight data monitoring program).
            (2) Safety Recommendation A-16-035, issued on November 3, 
        2016 (relating to requiring all 14 Code of Federal Regulations 
        Part 135 operators to establish a structured flight data 
        monitoring program that reviews all available data sources to 
        identify deviations from established norms and procedures and 
        other potential safety issues, after action in Safety 
        Recommendation A-16-034 is complete).

SEC. 6. OPERATIONAL AND TRAINING REQUIREMENTS.

    (a) Instrument Ratings.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall initiate rulemaking to 
require any commercial air tour operator to use pilots who--
            (1) if applicable under part 61.65 of title 14, Code of 
        Federal Regulations, hold instrument ratings appropriate to the 
        aircraft flown; or
            (2) hold an Airline Transport Pilot certificate appropriate 
        to the category and class of aircraft flown, but which is not 
        limited to Visual Flight Rules according to the requirements 
        under sections 61.57 and 61.65 of title 14, Code of Federal 
        Regulations.
    (b) IFR Conditions Competency Program.--Not later than 90 days 
after the date of enactment of this Act, the Administrator shall 
initiate rulemaking to require any commercial air tour operator to 
establish an IFR conditions competency program to allow pilots to 
maintain their ability to operate a commercial air tour under IFR 
conditions.

SEC. 7. IFR CONDITIONS EQUIPMENT STUDY.

    (a) In General.--The Administrator shall conduct a study on the 
feasibility of requiring any helicopter used for a commercial air tour 
to be equipped with the minimum equipment necessary to operate in IFR 
conditions.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall submit to Congress a report on the 
study conducted pursuant to subsection (a) together with 
recommendations for such legislation or administrative action as the 
Administrator determines to be appropriate.

SEC. 8. COMMERCIAL AIR TOUR VIDEOS STUDY.

    (a) Helicopter Mounted Video Study.--
            (1) In general.--The Administrator shall conduct a study on 
        the feasibility of permitting commercial air tour operators or 
        FAA inspectors to conduct random audits (that meet the 
        requirements described in paragraph (2)) of helicopter mounted 
        videos of commercial air tour flights.
            (2) Requirement.--The requirement described in this 
        paragraph is that an audit address flight safety and commercial 
        air tour operator performance with respect to--
                    (A) safe flying techniques; and
                    (B) the avoidance of--
                            (i) dangerous terrain; and
                            (ii) rapidly changing weather events.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall submit to Congress a report on the 
study conducted pursuant to subsection (a) together with 
recommendations for such legislation or administrative action as the 
Administrator determines to be appropriate.

SEC. 9. EXEMPTION FROM CERTAIN REGULATORY REQUIREMENTS.

    Any rule or regulation promulgated by the Administrator pursuant to 
this Act--
            (1) shall not be considered a rule or regulation under 
        Executive Order 13771 (5 U.S.C. 601 note; relating to reducing 
        regulation and controlling regulatory costs); and
            (2) shall not be subject to the requirements set forth in 
        such Executive order.
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