TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iii - safety
CHAPTER 447 - SAFETY REGULATION
Sec. 44701. General requirements
-STATUTE-(a) Promoting Safety. - The Administrator of the Federal Aviation
Administration shall promote safe flight of civil aircraft in air
commerce by prescribing -
(1) minimum standards required in the interest of safety for
appliances and for the design, material, construction, quality of
work, and performance of aircraft, aircraft engines, and
propellers;
(2) regulations and minimum standards in the interest of safety
for -
(A) inspecting, servicing, and overhauling aircraft, aircraft
engines, propellers, and appliances;
(B) equipment and facilities for, and the timing and manner
of, the inspecting, servicing, and overhauling; and
(C) a qualified private person, instead of an officer or
employee of the Administration, to examine and report on the
inspecting, servicing, and overhauling;
(3) regulations required in the interest of safety for the
reserve supply of aircraft, aircraft engines, propellers,
appliances, and aircraft fuel and oil, including the reserve
supply of fuel and oil carried in flight;
(4) regulations in the interest of safety for the maximum hours
or periods of service of airmen and other employees of air
carriers; and
(5) regulations and minimum standards for other practices,
methods, and procedure the Administrator finds necessary for
safety in air commerce and national security.
(b) Prescribing Minimum Safety Standards. - The Administrator may
prescribe minimum safety standards for -
(1) an air carrier to whom a certificate is issued under
section 44705 of this title; and
(2) operating an airport serving any passenger operation of air
carrier aircraft designed for at least 31 passenger seats.
(c) Reducing and Eliminating Accidents. - The Administrator shall
carry out this chapter in a way that best tends to reduce or
eliminate the possibility or recurrence of accidents in air
transportation. However, the Administrator is not required to give
preference either to air transportation or to other air commerce in
carrying out this chapter.
(d) Considerations and Classification of Regulations and
Standards. - When prescribing a regulation or standard under
subsection (a) or (b) of this section or any of sections 44702-
44716 of this title, the Administrator shall -
(1) consider -
(A) the duty of an air carrier to provide service with the
highest possible degree of safety in the public interest; and
(B) differences between air transportation and other air
commerce; and
(2) classify a regulation or standard appropriate to the
differences between air transportation and other air commerce.
(e) Bilateral Exchanges of Safety Oversight Responsibilities. -
(1) In general. - Notwithstanding the provisions of this
chapter, the Administrator, pursuant to Article 83 bis of the
Convention on International Civil Aviation and by a bilateral
agreement with the aeronautical authorities of another country,
may exchange with that country all or part of their respective
functions and duties with respect to registered aircraft under
the following articles of the Convention: Article 12 (Rules of
the Air); Article 31 (Certificates of Airworthiness); or Article
32a (Licenses of Personnel).
(2) Relinquishment and acceptance of responsibility. - The
Administrator relinquishes responsibility with respect to the
functions and duties transferred by the Administrator as
specified in the bilateral agreement, under the Articles listed
in paragraph (1) for United States-registered aircraft described
in paragraph (4)(A) transferred abroad and accepts responsibility
with respect to the functions and duties under those Articles for
aircraft registered abroad and described in paragraph (4)(B) that
are transferred to the United States.
(3) Conditions. - The Administrator may predicate, in the
agreement, the transfer of functions and duties under this
subsection on any conditions the Administrator deems necessary
and prudent, except that the Administrator may not transfer
responsibilities for United States registered aircraft described
in paragraph (4)(A) to a country that the Administrator
determines is not in compliance with its obligations under
international law for the safety oversight of civil aviation.
(4) Registered aircraft defined. - In this subsection, the term
"registered aircraft" means -
(A) aircraft registered in the United States and operated
pursuant to an agreement for the lease, charter, or interchange
of the aircraft or any similar arrangement by an operator that
has its principal place of business or, if it has no such place
of business, its permanent residence in another country; and
(B) aircraft registered in a foreign country and operated
under an agreement for the lease, charter, or interchange of
the aircraft or any similar arrangement by an operator that has
its principal place of business or, if it has no such place of
business, its permanent residence in the United States.
(f) Exemptions. - The Administrator may grant an exemption from a
requirement of a regulation prescribed under subsection (a) or (b)
of this section or any of sections 44702-44716 of this title if the
Administrator finds the exemption is in the public interest.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1185; Pub. L.
103-429, Sec. 6(55), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 106-
181, title VII, Sec. 714, Apr. 5, 2000, 114 Stat. 161.)
-MISC1-
HISTORICAL AND REVISION NOTES
PUB. L. 103-272
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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44701(a) 49 App.:1421(a). Aug. 23, 1958, Pub. L.
85-726, Secs. 601(a), (b)
(1st sentence related to
standards, rules, and
regulations, last sentence),
(c), 604(a) (related to
standards), 72 Stat. 775,
778.
49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.
89-670, Sec. 6(c)(1), 80
Stat. 938; Jan. 12, 1983,
Pub. L. 97-449, Sec. 7(b),
96 Stat. 2444.
44701(b) 49 App.:1424(a)
(related to
standards).
49 App.:1432(a) Aug. 23, 1958, Pub. L.
(related to 85-726, 72 Stat. 731, Sec.
standards). 612(a) (related to
standards); added May 21,
1970, Pub. L. 91-258, Sec.
51(b)(1), 84 Stat. 234;
restated Sept. 3, 1982, Pub.
L. 97-248, Sec. 525(a), 96
Stat. 697.
49 App.:1655(c)(1).
44701(c) 49 App.:1421(b)
(last sentence).
49 App.:1655(c)(1).
44701(d) 49 App.:1421(b)
(1st sentence
related to
standards, rules,
and regulations).
49 App.:1655(c)(1).
44701(e) 49 App.:1421(c).
49 App.:1655(c)(1).
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In this section, the word "Administrator" in sections 601(a)-(c)
and 604 of the Federal Aviation Act of 1958 (Public Law 85-726, 72
Stat. 775, 778) is retained on authority of 49:106(g).
In subsection (a), before clause (1), the words "is empowered and
it . . . be his duty to" and "and revising from time to time" are
omitted as surplus. In clause (1), the words "as may be" are
omitted as surplus. In clauses (2)-(5), the words "Reasonable" and
"reasonable" are omitted as surplus and the word "rules" is omitted
as being synonymous with "regulations". In clause (5), the words
"to provide adequately" are omitted as surplus.
In subsection (b)(1), the words "the operation of" are omitted as
surplus. The words "under section 44705 of this title" are added
for clarity.
In subsection (b)(2), the words "scheduled or unscheduled" are
omitted as surplus.
In subsection (c), the words "carry out" are substituted for
"exercise and perform his powers and duties under", and the words
"in carrying out" are substituted for "in the administration and
enforcement of", for consistency and to eliminate unnecessary
words.
In subsection (d), before clause (1), the word "rules" is omitted
as being synonymous with "regulations". In clause (1), before
subclause (A), the word "full" is omitted as surplus. In clause
(1)(A), the word "provide" is substituted for "perform" for
consistency in the revised title.
In subsection (e), the words "from time to time" are omitted as
surplus. The word "rule" is omitted as being synonymous with
"regulation".
PUB. L. 103-429
This amends 49:44701(d) and (e) to correct erroneous cross-
references.
AMENDMENTS
2000 - Subsecs. (e), (f). Pub. L. 106-181 added subsec. (e) and
redesignated former subsec. (e) as (f).
1994 - Subsecs. (d), (e). Pub. L. 103-429 substituted "any of
sections 44702-44716" for "section 44702-44716".
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-181 applicable only to fiscal years
beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,
set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-429 effective July 5, 1994, see section
9 of Pub. L. 103-429, set out as a note under section 321 of this
title.
FAA INSPECTOR TRAINING
Pub. L. 108-176, title V, Sec. 506, Dec. 12, 2003, 117 Stat.
2560, provided that:
"(a) Study. -
"(1) In general. - The Comptroller General shall conduct a
study of the training of the aviation safety inspectors of the
Federal Aviation Administration (in this section referred to as
'FAA inspectors').
"(2) Contents. - The study shall include -
"(A) an analysis of the type of training provided to FAA
inspectors;
"(B) actions that the Federal Aviation Administration has
undertaken to ensure that FAA inspectors receive up-to-date
training on the latest technologies;
"(C) the extent of FAA inspector training provided by the
aviation industry and whether such training is provided without
charge or on a quid pro quo basis; and
"(D) the amount of travel that is required of FAA inspectors
in receiving training.
"(3) Report. - Not later than 1 year after the date of
enactment of this Act [Dec. 12, 2003], the Comptroller General
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report
on the results of the study.
"(b) Sense of the House. - It is the sense of the House of
Representatives that -
"(1) FAA inspectors should be encouraged to take the most up-to-
date initial and recurrent training on the latest aviation
technologies;
"(2) FAA inspector training should have a direct relation to an
individual's job requirements; and
"(3) if possible, a FAA inspector should be allowed to take
training at the location most convenient for the inspector.
"(c) Workload of Inspectors. -
"(1) Study by national academy of sciences. - Not later than 90
days after the date of enactment of this Act [Dec. 12, 2003], the
Administrator of the Federal Aviation Administration shall make
appropriate arrangements for the National Academy of Sciences to
conduct a study of the assumptions and methods used by the
Federal Aviation Administration to estimate staffing standards
for FAA inspectors to ensure proper oversight over the aviation
industry, including the designee program.
"(2) Contents. - The study shall include the following:
"(A) A suggested method of modifying FAA inspectors staffing
models for application to current local conditions or applying
some other approach to developing an objective staffing
standard.
"(B) The approximate cost and length of time for developing
such models.
"(3) Report. - Not later than 12 months after the initiation of
the arrangements under subsection (a), the National Academy of
Sciences shall transmit to Congress a report on the results of
the study."
AIR TRANSPORTATION OVERSIGHT SYSTEM
Pub. L. 106-181, title V, Sec. 513, Apr. 5, 2000, 114 Stat. 144,
provided that:
"(a) Report. - Not later than August 1, 2000, the Administrator
[of the Federal Aviation Administration] shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the progress of the
Federal Aviation Administration in implementing the air
transportation oversight system, including in detail the training
of inspectors under the system, the number of inspectors using the
system, air carriers subject to the system, and the budget for the
system.
"(b) Required Contents. - At a minimum, the report shall indicate
-
"(1) any funding or staffing constraints that would adversely
impact the Administration's ability to continue to develop and
implement the air transportation oversight system;
"(2) progress in integrating the aviation safety data derived
from such system's inspections with existing aviation data of the
Administration in the safety performance analysis system of the
Administration; and
"(3) the Administration's efforts in collaboration with the
aviation industry to develop and validate safety performance
measures and appropriate risk weightings for such system.
"(c) Update. - Not later than August 1, 2002, the Administrator
shall update the report submitted under this section and transmit
the updated report to the committees referred to in subsection
(a)."
REGULATION OF ALASKA GUIDE PILOTS
Pub. L. 106-181, title VII, Sec. 732, Apr. 5, 2000, 114 Stat.
168, provided that:
"(a) In General. - Beginning on the date of the enactment of this
Act [Apr. 5, 2000], flight operations conducted by Alaska guide
pilots shall be regulated under the general operating and flight
rules contained in part 91 of title 14, Code of Federal
Regulations.
"(b) Rulemaking Proceeding. -
"(1) In general. - The Administrator [of the Federal Aviation
Administration] shall conduct a rulemaking proceeding and issue a
final rule to modify the general operating and flight rules
referred to in subsection (a) by establishing special rules
applicable to the flight operations conducted by Alaska guide
pilots.
"(2) Contents of rules. - A final rule issued by the
Administrator under paragraph (1) shall require Alaska guide
pilots -
"(A) to operate aircraft inspected no less often than after
125 hours of flight time;
"(B) to participate in an annual flight review, as described
in section 61.56 of title 14, Code of Federal Regulations;
"(C) to have at least 500 hours of flight time as a pilot;
"(D) to have a commercial rating, as described in subpart F
of part 61 of such title;
"(E) to hold at least a second-class medical certificate, as
described in subpart C of part 67 of such title;
"(F) to hold a current letter of authorization issued by the
Administrator; and
"(G) to take such other actions as the Administrator
determines necessary for safety.
"(3) Consideration. - In making a determination to impose a
requirement under paragraph (2)(G), the Administrator shall take
into account the unique conditions associated with air travel in
the State of Alaska to ensure that such requirements are not
unduly burdensome.
"(c) Definitions. - In this section, the following definitions
apply:
"(1) Letter of authorization. - The term 'letter of
authorization' means a letter issued by the Administrator once
every 5 years to an Alaska guide pilot certifying that the pilot
is in compliance with general operating and flight rules
applicable to the pilot. In the case of a multi-pilot operation,
at the election of the operating entity, a letter of
authorization may be issued by the Administrator to the entity or
to each Alaska guide pilot employed by the entity.
"(2) Alaska guide pilot. - The term 'Alaska guide pilot' means
a pilot who -
"(A) conducts aircraft operations over or within the State of
Alaska;
"(B) operates single engine, fixed-wing aircraft on floats,
wheels, or skis, providing commercial hunting, fishing, or
other guide services and related accommodations in the form of
camps or lodges; and
"(C) transports clients by such aircraft incidental to
hunting, fishing, or other guide services."
AVIATION MEDICAL ASSISTANCE
Pub. L. 105-170, Apr. 24, 1998, 112 Stat. 47, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Aviation Medical Assistance Act of
1998'.
"SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING.
"Not later than 1 year after the date of the enactment of this
Act [Apr. 24, 1998], the Administrator of the Federal Aviation
Administration shall reevaluate regulations regarding: (1) the
equipment required to be carried in medical kits of aircraft
operated by air carriers; and (2) the training required of flight
attendants in the use of such equipment, and, if the Administrator
determines that such regulations should be modified as a result of
such reevaluation, shall issue a notice of proposed rulemaking to
modify such regulations.
"SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT.
"(a) In General. - During the 1-year period beginning on the 90th
day following the date of the enactment of this Act [Apr. 24,
1998], a major air carrier shall make a good faith effort to
obtain, and shall submit quarterly reports to the Administrator of
the Federal Aviation Administration on, the following:
"(1) The number of persons who died on aircraft of the air
carrier, including any person who was declared dead after being
removed from such an aircraft as a result of a medical incident
that occurred on such aircraft.
"(2) The age of each such person.
"(3) Any information concerning cause of death that is
available at the time such person died on the aircraft or is
removed from the aircraft or that subsequently becomes known to
the air carrier.
"(4) Whether or not the aircraft was diverted as a result of
the death or incident.
"(5) Such other information as the Administrator may request as
necessary to aid in a decision as to whether or not to require
automatic external defibrillators in airports or on aircraft
operated by air carriers, or both.
"(b) Format. - The Administrator may specify a format for reports
to be submitted under this section.
"SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS.
"(a) In General. - Not later than 120 days after the last day of
the 1-year period described in section 3, the Administrator of the
Federal Aviation Administration shall make a decision on whether or
not to require automatic external defibrillators on passenger
aircraft operated by air carriers and whether or not to require
automatic external defibrillators at airports.
"(b) Form of Decision. - A decision under this section shall be
in the form of a notice of proposed rulemaking requiring automatic
external defibrillators in airports or on passenger aircraft
operated by air carriers, or both, or a recommendation to Congress
for legislation requiring such defibrillators or a notice in the
Federal Register that such defibrillators should not be required in
airports or on such aircraft. If a decision under this section is
in the form of a notice of proposed rulemaking, the Administrator
shall make a final decision not later than the 120th day following
the date on which comments are due on the notice of proposed
rulemaking.
"(c) Contents. - If the Administrator decides that automatic
external defibrillators should be required -
"(1) on passenger aircraft operated by air carriers, the
proposed rulemaking or recommendation shall include -
"(A) the size of the aircraft on which such defibrillators
should be required;
"(B) the class flights (whether interstate, overseas, or
foreign air transportation or any combination thereof) on which
such defibrillators should be required;
"(C) the training that should be required for air carrier
personnel in the use of such defibrillators; and
"(D) the associated equipment and medication that should be
required to be carried in the aircraft medical kit; and
"(2) at airports, the proposed rulemaking or recommendation
shall include -
"(A) the size of the airport at which such defibrillators
should be required;
"(B) the training that should be required for airport
personnel in the use of such defibrillators; and
"(C) the associated equipment and medication that should be
required at the airport.
"(d) Limitation. - The Administrator may not require automatic
external defibrillators on helicopters and on aircraft with a
maximum payload capacity (as defined in section 119.3 of title 14,
Code of Federal Regulations) of 7,500 pounds or less.
"(e) Special Rule. - If the Administrator decides that automatic
external defibrillators should be required at airports, the
proposed rulemaking or recommendation shall provide that the
airports are responsible for providing the defibrillators.
"SEC. 5. LIMITATIONS ON LIABILITY.
"(a) Liability of Air Carriers. - An air carrier shall not be
liable for damages in any action brought in a Federal or State
court arising out of the performance of the air carrier in
obtaining or attempting to obtain the assistance of a passenger in
an in-flight medical emergency, or out of the acts or omissions of
the passenger rendering the assistance, if the passenger is not an
employee or agent of the carrier and the carrier in good faith
believes that the passenger is a medically qualified individual.
"(b) Liability of Individuals. - An individual shall not be
liable for damages in any action brought in a Federal or State
court arising out of the acts or omissions of the individual in
providing or attempting to provide assistance in the case of an in-
flight medical emergency unless the individual, while rendering
such assistance, is guilty of gross negligence or willful
misconduct.
"SEC. 6. DEFINITIONS.
"In this Act -
"(1) the terms 'air carrier', 'aircraft', 'airport',
'interstate air transportation', 'overseas air transportation',
and 'foreign air transportation' have the meanings such terms
have under section 40102 of title 49, United States Code;
"(2) the term 'major air carrier' means an air carrier
certificated under section 41102 of title 49, United States Code,
that accounted for at least 1 percent of domestic scheduled-
passenger revenues in the 12 months ending March 31 of the most
recent year preceding the date of the enactment of this Act [Apr.
24, 1998], as reported to the Department of Transportation
pursuant to part 241 of title 14 of the Code of Federal
Regulations; and
"(3) the term 'medically qualified individual' includes any
person who is licensed, certified, or otherwise qualified to
provide medical care in a State, including a physician, nurse,
physician assistant, paramedic, and emergency medical
technician."