An amendment numbered 26 printed in House Report 112-46 to prohibit the Federal Aviation Administration (FAA) from destroying vintage aircraft type certificate data and to require such data to be made available to the public, for non-commercial purposes, upon a Freedom of Information Act request.
What it does: Adds SEC. 814. HISTORICAL AIRCRAFT DOCUMENTS on page 256, line 9Description
Amendment requires the FAA to preserve original aircraft engineering data in the agency's possession and to require such data to be made available to the public, for non-commercial purposes, upon a Freedom of Information Act request.
What it changes
1 change to H.R. 658
Adds SEC. 814. HISTORICAL AIRCRAFT DOCUMENTS on page 256, line 9
Adds a sectionPrinted pageInserted: SEC. 814. HISTORICAL AIRCRAFT DOCUMENTS.
Inserted: (a) Preservation of Documents.--
Inserted: (1) In general.--The Administrator of the Federal Aviation Administration shall take such actions as the Administrator determines necessary to preserve original aircraft type certificate engineering and technical data in the possession of the Federal Aviation Administration related to--
Inserted: (A) approved aircraft type certificate numbers ATC 1 through ATC 713; and
Inserted: (B) Group-2 approved aircraft type certificate numbers 2-1 through 2-554.
Inserted: (2) Revision of order.--Not later than one year after the date of enactment of this Act, the Administrator shall revise FAA Order 1350.15C, Item Number 8110. Such revision shall prohibit the destruction of the historical aircraft documents identified in paragraph (1).
Inserted: (3) Consultation.--The Administrator may carry out paragraph (1) in consultation with the Archivist of the United States and the Administrator of General Services.
Inserted: (b) Availability of Documents.--
Inserted: (1) Freedom of information act requests.--The Administrator shall make the documents to be preserved under subsection (a)(1) available to a person--
Inserted: (A) upon receipt of a request made by the person pursuant to section 552 of title 5, United States Code; and
Inserted: (B) subject to a prohibition on use of the documents for commercial purposes.
Inserted: (2) Trade secrets, commercial, and financial information.--Section 552(b)(4) of such title shall not apply to requests for documents to be made available pursuant to paragraph (1).
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Inserted: (c) Holder of Type Certificate.--
Inserted: (1) Rights of holder.--Nothing in this section shall affect the rights of a holder or owner of a type certificate identified in subsection (a)(1), nor require the holder or owner to provide, surrender, or preserve any original or duplicate engineering or technical data to the Federal Aviation Administration, a person, or the public.
Inserted: (2) Liability.--There shall be no liability on the part of, and no cause of action of any nature shall arise against, a holder of a type certificate, its authorized representative, its agents, or its employees, or any firm, person, corporation, or insurer related to the type certificate data and documents identified in subsection (a)(1).
Inserted: (3) Airworthiness.--Notwithstanding any other provision of law, the holder of a type certificate identified in subsection (a)(1) shall not be responsible for any continued airworthiness or Federal Aviation Administration regulatory requirements to the type certificate data and documents identified in subsection (a)(1).
Original wording
Page 256, after line 9, insert the following (and conform the table of contents accordingly):
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 256, after line 9, insert the following (and conform the table of contents accordingly):
SEC. 814. HISTORICAL AIRCRAFT DOCUMENTS.
(a) Preservation of Documents.--
(1) In general.--The Administrator of the Federal Aviation Administration shall take such actions as the Administrator determines necessary to preserve original aircraft type certificate engineering and technical data in the possession of the Federal Aviation Administration related to--
(A) approved aircraft type certificate numbers ATC 1 through ATC 713; and
(B) Group-2 approved aircraft type certificate numbers 2-1 through 2-554.
(2) Revision of order.--Not later than one year after the date of enactment of this Act, the Administrator shall revise FAA Order 1350.15C, Item Number 8110. Such revision shall prohibit the destruction of the historical aircraft documents identified in paragraph (1).
(3) Consultation.--The Administrator may carry out paragraph (1) in consultation with the Archivist of the United States and the Administrator of General Services.
(b) Availability of Documents.--
(1) Freedom of information act requests.--The Administrator shall make the documents to be preserved under subsection (a)(1) available to a person--
(A) upon receipt of a request made by the person pursuant to section 552 of title 5, United States Code; and
(B) subject to a prohibition on use of the documents for commercial purposes.
(2) Trade secrets, commercial, and financial information.--Section 552(b)(4) of such title shall not apply to requests for documents to be made available pursuant to paragraph (1).
(c) Holder of Type Certificate.--
(1) Rights of holder.--Nothing in this section shall affect the rights of a holder or owner of a type certificate identified in subsection (a)(1), nor require the holder or owner to provide, surrender, or preserve any original or duplicate engineering or technical data to the Federal Aviation Administration, a person, or the public.
(2) Liability.--There shall be no liability on the part of, and no cause of action of any nature shall arise against, a holder of a type certificate, its authorized representative, its agents, or its employees, or any firm, person, corporation, or insurer related to the type certificate data and documents identified in subsection (a)(1).
(3) Airworthiness.--Notwithstanding any other provision of law, the holder of a type certificate identified in subsection (a)(1) shall not be responsible for any continued airworthiness or Federal Aviation Administration regulatory requirements to the type certificate data and documents identified in subsection (a)(1).
Legislative Activity
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House amendment offered
March 31, 2011
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House amendment offered
March 31, 2011
House amendment offered/reported by: Amendment (A025) offered by Mr. Graves (MO).(consideration: CR H2206-2207; text: CR H2206)
March 31, 2011 • 8:11 PM
House amendment agreed to: On agreeing to the Graves (MO) amendment Agreed to by voice vote.
March 31, 2011 • 8:14 PM
Amendment agreed to Committee of the Whole
March 31, 2011 • 8:14 PM
Amendment (A025) offered by Mr. Graves (MO). (consideration: CR H2206-2207; text: CR H2206)
March 31, 2011 • 8:11 PM
On agreeing to the Graves (MO) amendment Agreed to by voice vote.
March 31, 2011 • 8:14 PM