[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5681-S5683]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6138. Mr. SCHATZ (for himself and Ms. Hirono) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. AIR TOUR AND SPORT PARACHUTING SAFETY IMPROVEMENT.

       (a) Definitions.--In this section:
       (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).
       (b) Safety Management System Requirements for Certain 
     Operators.--Not later than 24 months after the date of 
     enactment of this section, 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.
       (c) Other Safety Requirements for Commercial Operators.--
       (1) Safety reforms.--
       (A) Part 121 or part 135 certificate required for 
     commercial air tours.--
       (i) In general.--Beginning on the date that is 3 years 
     after the date of enactment of this section, 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.

       (ii) Exclusion.--Clause (i) shall not apply to a person 
     that conducts fewer than 50 commercial air tours in a 
     calendar year.
       (iii) Reporting required.--Beginning on the date that is 3 
     years after the date of enactment of this section, and every 
     12 months thereafter, each person that conducts commercial 
     air tours (including any person excluded from the certificate 
     requirement under clause (ii)) shall report to the 
     Administrator the total number of commercial air tours that 
     person conducted during the previous 12 months.
       (iv) 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.

       (B) Additional safety requirements.--Not later than 3 years 
     after the date of enactment of this section, 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 
     especially 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 section on 
     human factors issues involved in such accidents, including 
     but not limited to--
       (i) specific terrain, weather, and infrastructure 
     challenges relevant in the local operating environment that 
     increase the risk of such accidents;
       (ii) pilot decision-making relevant to the avoidance of 
     instrument meteorological conditions while operating under 
     visual flight rules;
       (iii) use of terrain awareness displays;
       (iv) spatial disorientation risk factors and 
     countermeasures; and
       (v) strategies for maintaining control, including the use 
     of automated systems.
       (2) Aviation rulemaking committee.--
       (A) In general.--The Administrator, shall convene an 
     aviation rulemaking committee to review and develop findings 
     and recommendations to inform--
       (i) 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;
       (ii) 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 practically be retrofitted with such 
     equipment, requiring the commercial air tour operator for 
     such aircraft to collect and maintain flight data through 
     alternative methods);

[[Page S5682]]

       (iii) requiring all commercial air tour operators to 
     implement a flight data monitoring program, such as a Flight 
     Operational Quality Assurance Program;
       (iv) establishing methods to provide effective terrain 
     awareness and warning; and
       (v) 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.

       (B) Membership.--The aviation rulemaking committee shall 
     consist of members appointed by the Administrator, 
     including--
       (i) representatives of industry, including manufacturers of 
     aircraft and aircraft technologies;
       (ii) representatives of aviation operator organizations; 
     and
       (iii) 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.
       (C) Duties.--
       (i) In general.--The Administrator shall direct the 
     aviation rulemaking committee to make findings and submit 
     recommendations regarding each of the matters specified in 
     clauses (i) through (v) of subparagraph (A).
       (ii) Considerations.--In carrying out its duties under 
     clause (i), 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 International Helicopter 
     Safety Foundation (IHSF) 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.

       (D) Reports and regulations.--The Administrator shall--
       (i) not later than 20 months after the date of enactment of 
     this section, 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;
       (ii) not later than 12 months after the date of submission 
     of the report under clause (i), 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 clauses (i) 
     through (v) of subparagraph (A); and
       (iii) not later than 3 years after the date of enactment of 
     this section, issue a final rule with respect to each of the 
     matters specified in such clauses of subparagraph (A).
       (d) Expedited Process for Obtaining Certificates.--
       (1) 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.
       (2) Considerations.--In carrying out paragraph (1), 
     beginning on the date that is 18 months after the date of 
     enactment of this section, the Administrator shall give 
     priority consideration to operators that must obtain a 
     certificate in accordance with subsection (c)(1)(A).
       (3) Report required.--Not later than 1 year after the date 
     of enactment of this section, 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--
       (A) how the procedures implemented under paragraph (1) will 
     increase the efficiency of the process for obtaining 
     operating certificates under part 135 and part 119 of title 
     14, Code of Federal Regulations;
       (B) how considerations under paragraph (2) will be 
     incorporated into procedures implemented under paragraph (1); 
     and
       (C) any additional resources required to implement 
     procedures under paragraph (1).
       (4) Additional reports required.--Not later than 3 years 
     after the date of enactment of this section, 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--
       (A) includes--
       (i) data on certification approvals and denials; and
       (ii) data on duration of key phases of the certification 
     process; and
       (B) identifies certification policies in need of reform or 
     repeal.
       (e) Safety Requirements for Sport Parachute Operations.--
       (1) Aviation rulemaking committee.--The Administrator, 
     shall convene an aviation rulemaking committee to review and 
     develop findings and recommendations to inform--
       (A) 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--
       (i) Federal Aviation Administration-approved aircraft 
     maintenance and inspection programs that consider 
     requirements based on engine manufacturers' recommended 
     maintenance instructions, such as service bulletins and 
     service information letters for time between overhauls and 
     component life limits;
       (ii) 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
       (iii) 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;
       (B) 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 subparagraph 
     (A); and
       (C) 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.
       (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 parachute operator organizations; 
     and
       (C) 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.
       (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 (C) of paragraph (1).
       (B) Considerations.--In carrying out its duties under 
     subparagraph (A), the Administrator shall direct the aviation 
     rulemaking committee to consider--
       (i) 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;
       (ii) recommendations of previous aviation rulemaking 
     committees that considered similar issues;
       (iii) recommendations from industry safety organizations, 
     including, but not limited to, the United States Parachute 
     Association;
       (iv) appropriate use of data for modifying behavior to 
     prevent accidents;
       (v) data gathered from aviation safety reporting programs;
       (vi) the need to accommodate diversity of operations and 
     mission sets;
       (vii) accommodations necessary for small businesses; and
       (viii) other issues as necessary.
       (4) Reports and regulations.--The Administrator shall--
       (A) not later than 20 months after the date of enactment of 
     this section, 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;

[[Page S5683]]

       (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 (C) of paragraph (1); and
       (C) not later than 3 years after the date of enactment of 
     this section, issue a final rule with respect to each of the 
     matters specified in such subparagraphs of paragraph (1).
       (f) 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 
     section.
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