I
111th CONGRESS
1st Session
H. R. 3273
IN THE HOUSE OF REPRESENTATIVES
July 21, 2009
Mr. Holt (for himself, Mr. Higgins, and Mr. Lee of New York) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To require the implementation of certain recommendations of the National Transportation Safety Board, to require the establishment of national standards with respect to flight requirements for pilots, to require the development of fatigue management plans, and for other purposes.
Short title
This Act may be cited as the
Ensuring One Level of Aviation Safety
Act of 2009
.
Implementation of recommendations of the National Transportation Safety Board
Implementation of certain recommendations
Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall implement the following recommendations of the National Transportation Safety Board:
Recommendations A–03–53 through A–03–54, dated December 2, 2003 (relating to inspections for general aviation aircraft and low-airspeed alert systems for all aircraft).
Recommendation A–05–14, dated May 13, 2005 (relating to programs for flight crewmembers who have demonstrated deficiencies in performance or training).
Recommendations A–06–48 through A–06–51, dated July 10, 2006 (relating to aircraft operations in cold or icy conditions).
Recommendation A–07–8, dated January 23, 2007 (relating to developing programs of education for air carrier pilots).
Determinations with respect to pending and future recommendations
In general
Not later than 180 days after the National Transportation Safety Board provides the Administrator of the Federal Aviation Administration with a safety recommendation, the Administrator shall submit to Congress a notification—
indicating whether or not the Administrator has determined to implement the recommendation; and
if the Administrator determines to implement the recommendation, describing the actions the Administrator plans to take to implement the recommendation; or
if the Administrator determines not to implement the recommendation, describing the reasons for that determination.
Pending recommendations
Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress the notification described in paragraph (1) with respect to each recommendation of the National Transportation Safety Board—
made before the date of the enactment of this Act; and
that is not implemented before such date of enactment.
Certification of receipt of Federal Aviation Administration airworthiness directives and other orders by air carriers
Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress a plan that contains—
a certification process under which each air carrier will certify to the Administration that the air carrier has received an airworthiness directive or other order issued by the Administration; and
a plan for ensuring the compliance of air carriers with such directives and orders.
Safety inspections of regional air carriers
In general
The Administrator of the Federal Aviation Administration shall, not less frequently than once each year, perform random, unannounced, on-site inspections of regional air carriers to ensure that such air carriers are complying with all applicable safety standards of the Administration.
Regional air carriers defined
The Administrator of the Federal Aviation Administration shall determine which air carriers are regional air carriers for purposes of subsection (a).
Establishment of safety standards with respect to the training, hiring, and operation of aircraft by pilots
Completion of rulemaking on training programs
Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a final rule with respect to the Notice of Proposed Rulemaking published in the Federal Register on January 12, 2009 (74 Fed. Reg. 1280; relating to training programs for flight crewmembers and aircraft dispatchers).
Establishment of national standard with respect to minimum number of flight hours required To hire commercial aircraft pilots
Not later than 1 year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall revise regulations under part 61 of title 14, Code of Federal Regulations, to increase the minimum number of hours of flight experience required for pilots to conduct flight operations under parts 121 and 135 of title 14, Code of Federal Regulations.
Regulations to address pilot fatigue
Regulations on work hours for pilots
Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall prescribe regulations specifying limitations on hours of flight time allowed for pilots to address problems relating to pilot fatigue.
Fatigue management plans
Not later than 1 year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall prescribe regulations—
providing guidance to air carriers to develop plans to ensure that pilots are not operating aircraft while fatigued;
requiring air carriers to submit such plans to the Administration not later than 180 days after the Administrator issues the final rule with respect to the regulations and to update such plans on a regular basis; and
establishing standards and procedures for the submission of such plans and the review of such plans by the Administration.
Access by air carriers to information about practical test failures by pilots
Section 44703(h)(1)(A) of title 49, United States Code, is amended—
in clause (i), by striking ;
and
and inserting a semicolon;
by redesignating clause (ii) as clause (iii); and
by inserting after clause (i) the following:
any failed attempt of the individual to pass a practical test required to obtain a certificate or type rating under part 61 of title 14, Code of Federal Regulations; and
.
Oversight of pilot training schools
Not later than 1 year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress a plan for overseeing pilot schools certified under part 141 of title 14, Code of Federal Regulations, that includes—
ensuring that the curriculum and course outline requirements for such schools under subpart C of such part are being met; and
conducting on-site inspections of each such school not less frequently than once every 2 years.