[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1032 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1032
To reform Federal Aviation Administration safety requirements for
commercial air tour operators, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 29, 2023
Mr. Schatz (for himself and Ms. Hirono) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To reform Federal Aviation Administration safety requirements for
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 ``Air Tour and Sport Parachuting
Safety Improvement Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(3) Commercial air tour.--The term ``commercial air tour''
means a flight conducted for compensation or hire in an
airplane or helicopter where a purpose of the flight is
sightseeing.
(4) Commercial air tour operator.--The term ``commercial
air tour operator'' means any person who conducts a commercial
air tour.
(5) Parachute operation.--The term ``parachute operation''
has the meaning given that term in section 105.3 of title 14,
Code of Federal Regulations (or any successor regulation).
SEC. 3. SAFETY MANAGEMENT SYSTEM REQUIREMENTS FOR CERTAIN OPERATORS.
Not later than 24 months after the date of enactment of this Act,
the Administrator shall issue a final rule requiring each person
holding a certificate under part 119 of title 14, Code of Federal
Regulations, and authorized to conduct operations in accordance with
the provisions of part 135 of title 14, Code of Federal Regulations, to
implement a safety management system, as appropriate for the
operations.
SEC. 4. OTHER SAFETY REQUIREMENTS FOR COMMERCIAL OPERATORS.
(a) Safety Reforms.--
(1) Authority to conduct nonstop commercial air tours.--
(A) In general.--Subject to subparagraph (B),
beginning on the date that is 3 years after the date of
enactment of this Act, no person may conduct commercial
air tours unless that person--
(i) holds a certificate identifying the
person as an air carrier or commercial operator
under part 119 of title 14, Code of Federal
Regulations; and
(ii) conducts all commercial air tours
under the applicable provisions of part 121 or
part 135 of title 14, Code of Federal
Regulations.
(B) Temporary exception.--Notwithstanding the
requirements of subparagraph (A), for a period of 5
years after the date described in subparagraph (A), a
person who holds a letter of authorization issued by
the Administrator to conduct nonstop commercial air
tours under section 91.147 of title 14, Code of Federal
Regulations, may continue to conduct nonstop commercial
air tours under such letter of authorization so long as
the person--
(i) as of the date of enactment of this
section, has submitted (or not later than 18
months after such date of enactment, submits)
an application to the Administrator for an air
carrier certificate under part 119, Code of
Federal Regulations; and
(ii) has not been issued such part 119
certificate or received a denial of the
application submitted under clause (i).
(C) Reporting required.--Beginning on the date that
is 3 years after the date of enactment, and every 12
months thereafter, each person that conducts commercial
air tours (including any person excluded from the
certificate requirement under subparagraph (B)) shall
report to the Administrator the total number of
commercial air tours that person conducted during the
previous 12 months.
(D) Other terms.--The Administrator shall--
(i) revise title 14, Code of Federal
Regulations, to include definitions for the
terms ``aerial work'' and ``aerial
photography'' that are limited to aerial
operations performed for compensation or hire
with an approved operating certificate; and
(ii) to the extent necessary, revise
section 119.1(e)(4)(iii) of title 14, Code of
Federal Regulations, to conform with the
requirements of such definitions.
(2) Additional safety requirements.--Not later than 3 years
after the date of enactment of this Act, the Administrator
shall issue new or revised regulations that shall require all
certificated commercial air tour operators to incorporate
avoidance training for controlled flight into terrain and in-
flight loss of control into the training program required under
part 121 or 135 of title 14, Code of Federal Regulations, as
applicable. The training shall address reducing the risk of
accidents involving unintentional flight into instrument
meteorological conditions to address day, night, and low
visibility environments with special attention paid to research
available as of the date of enactment of this Act on human
factors issues involved in such accidents, including but not
limited to--
(A) specific terrain, weather, and infrastructure
challenges relevant in the local operating environment
that increase the risk of such accidents;
(B) pilot decision-making relevant to the avoidance
of instrument meteorological conditions while operating
under visual flight rules;
(C) use of terrain awareness displays;
(D) spatial disorientation risk factors and
countermeasures; and
(E) strategies for maintaining control, including
the use of automated systems.
(b) Aviation Rulemaking Committee.--
(1) In general.--The Administrator, shall convene an
aviation rulemaking committee to review and develop findings
and recommendations to inform--
(A) 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;
(B) 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 (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);
(C) requiring all commercial air tour operators to
implement a flight data monitoring program, such as a
Flight Operational Quality Assurance Program;
(D) establishing methods to provide effective
terrain awareness and warning; and
(E) establishing methods to provide effective
traffic avoidance in identified high-traffic tour
areas, such as requiring air tour operators that
operate within those areas be equipped with an
Automatic Dependent Surveillance-Broadcast Out- and In-
supported traffic advisory system that--
(i) includes both visual and aural alerts;
(ii) is driven by an algorithm designed to
eliminate nuisance alerts; and
(iii) is operational during all flight
operations.
(2) Membership.--The aviation rulemaking committee shall
consist of members appointed by the Administrator, including--
(A) representatives of industry, including
manufacturers of aircraft and aircraft technologies;
(B) representatives of aviation operator
organizations; and
(C) 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.
(3) Duties.--
(A) In general.--The Administrator shall direct the
aviation rulemaking committee to make findings and
submit recommendations regarding each of the matters
specified in subparagraphs (A) through (E) of paragraph
(1).
(B) Considerations.--In carrying out its duties
under subparagraph (A), the Administrator shall direct
the aviation rulemaking committee to consider--
(i) recommendations of the National
Transportation Safety Board;
(ii) recommendations of previous aviation
rulemaking committees that reviewed flight data
monitoring program requirements on part 135
commercial operators;
(iii) recommendations from industry safety
organizations, including but not limited to the
Vertical Aviation Safety Team (VAST), the
General Aviation Joint Safety Committee, and
the United States Helicopter Safety Team
(USHST);
(iv) 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;
(v) appropriate use of data for modifying
behavior to prevent accidents;
(vi) the need to accommodate technological
advancements in flight data recording
technology;
(vii) data gathered from aviation safety
reporting programs;
(viii) appropriate methods to provide
effective terrain awareness and warning system
(TAWS) protections while mitigating nuisance
alerts for aircraft;
(ix) the need to accommodate the diversity
of airworthiness standards under part 27 and
part 29 of title 14, Code of Federal
Regulations;
(x) the need to accommodate diversity of
operations and mission sets;
(xi) benefits of third-party data analysis
for large and small operations;
(xii) accommodations necessary for small
businesses; and
(xiii) other issues as necessary.
(4) Reports and regulations.--The Administrator shall--
(A) not later than 20 months after the date of
enactment of this Act, submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a report based on the
findings of the aviation rulemaking committee;
(B) not later than 12 months after the date of
submission of the report under subparagraph (A), and
after consideration of the recommendations of the
aviation rulemaking committee, issue an intent to
proceed with proposed rulemakings regarding each of the
matters specified in subparagraphs (A) through (E) of
paragraph (1); and
(C) not later than 3 years after the date of
enactment of this Act, issue a final rule with respect
to each of the matters specified in such subparagraphs
of paragraph (1).
SEC. 5. EXPEDITED PROCESS FOR OBTAINING OPERATING CERTIFICATES.
(a) In General.--The Administrator shall implement procedures to
improve the process for obtaining operating certificates under part 119
of title 14, Code of Federal Regulations.
(b) Considerations.--In carrying out subsection (a), beginning on
the date that is 18 months after the date of enactment of this Act, the
Administrator shall give priority consideration to operators that must
obtain a certificate in accordance with section 4(a)(1) of this Act.
(c) Report Required.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing--
(1) how the procedures implemented under subsection (a)
will increase the efficiency of the process for obtaining
operating certificates under part 119 of title 14, Code of
Federal Regulations, and, if applicable, certificates
authorizing operations under part 135 of such title;
(2) how considerations under subsection (b) will be
incorporated into procedures implemented under subsection (a);
and
(3) any additional resources required to implement
procedures under subsection (a).
(d) Additional Reports Required.--Not later than 3 years after the
date of enactment of this Act, and annually thereafter the
Administrator shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
that--
(1) includes--
(A) data on certification approvals and denials;
and
(B) data on duration of key phases of the
certification process; and
(2) identifies certification policies in need of reform or
repeal.
SEC. 6. SAFETY REQUIREMENTS FOR SPORT PARACHUTE OPERATIONS.
(a) Aviation Rulemaking Committee.--The Administrator, shall
convene an aviation rulemaking committee to review and develop findings
and recommendations to inform--
(1) rulemaking governing parachute operations conducted in
the United States that are subject to the requirements of part
105 of title 14, Code of Federal Regulations, to address--
(A) Federal Aviation Administration-approved
aircraft maintenance and inspection programs that
consider, at a minimum, requirements for compliance
with engine manufacturers' recommended maintenance
instructions, such as service bulletins and service
information letters for time between overhauls and
component life limits;
(B) initial and annual recurrent pilot proficiency
checking programs 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
(C) initial and annual recurrent pilot review
programs for parachute operations pilots that address,
at a minimum, operation-specific and aircraft-specific
weight and balance calculations, preflight inspections,
emergency and recovery procedures, and parachutist
egress procedures for each type of aircraft flown, as
well as competency flight checks to determine pilot
competence in practical skills and techniques in each
type of aircraft;
(2) the revision of guidance material contained in Advisory
Circular 105-2E (relating to sport parachute jumping), to
include guidance for parachute operations in implementing the
Federal Aviation Administration-approved aircraft maintenance
and inspection program and the pilot training and pilot
proficiency checking programs required under any new or revised
regulations issued in accordance with paragraph (1); and
(3) the revision of guidance materials issued in Order
8900.1 entitled ``Flight Standards Information Management
System'', to include guidance for Federal Aviation
Administration inspectors who oversee part 91 of title 14 Code
of Federal Regulations, operations conducted under any of the
exceptions specified in section 119.1(e) of title 14, Code of
Federal Regulations, which include parachute operations.
(b) Membership.--The aviation rulemaking committee shall consist of
members appointed by the Administrator, including--
(1) representatives of industry, including manufacturers of
aircraft and aircraft technologies;
(2) representatives of parachute operator organizations;
and
(3) 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.
(c) Duties.--
(1) In general.--The Administrator shall direct the
aviation rulemaking committee to make findings and submit
recommendations regarding each of the matters specified in
paragraphs (1) through (3) of subsection (a).
(2) Considerations.--In carrying out its duties under
paragraph (1), the Administrator shall direct the aviation
rulemaking committee to consider--
(A) findings and recommendations of the National
Transportation Safety Board generally as relevant and
specifically those related to parachute operations,
including the June 21, 2019, incident in Mokuleia,
Hawaii;
(B) recommendations of previous aviation rulemaking
committees that considered similar issues;
(C) recommendations from industry safety
organizations, including, but not limited to, the
United States Parachute Association;
(D) appropriate use of data for modifying behavior
to prevent accidents;
(E) data gathered from aviation safety reporting
programs;
(F) the need to accommodate diversity of operations
and mission sets;
(G) accommodations necessary for small businesses;
and
(H) other issues as necessary.
(d) Reports and Regulations.--The Administrator shall--
(1) not later than 20 months after the date of enactment of
this Act, submit a report based on the findings of the aviation
rulemaking committee to the Committee on Commerce, Science, and
Transportation of the Senate and to the Committee on
Transportation and Infrastructure of the House of
Representatives;
(2) not later than 12 months after the date of submission
of the report under paragraph (1), and after consideration of
the recommendations of the aviation rulemaking committee, issue
an intent to proceed with proposed rulemakings regarding each
of the matters specified in paragraphs (1) through (3) of
subsection (a); and
(3) not later than 3 years after the date of enactment of
this Act, issue a final rule with respect to each of the
matters specified in such paragraphs of subsection (a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator, to
remain available until expended, such sums as necessary to carry out
this Act.
<all>