[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);
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(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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