I
115th CONGRESS
2d Session
H. R. 6957
IN THE HOUSE OF REPRESENTATIVES
September 27, 2018
Mr. Rokita (for himself, Mr. Lipinski, Mr. Peterson, Mr. Russell, and Mr. Abraham) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To address the need for pilot development and encourage more individuals to enter the field of aviation, and for other purposes.
Short title
This Act may be cited as the Securing and Revitalizing Aviation Act of 2018
or the SARA Act of 2018
.
Enhancing protections for the aviation community
NTSB review of application for airman certificate
Section 44703(d) of title 49, United States Code, is amended—
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
by inserting after paragraph (1), the following new paragraph:
NTSB review
In general
In the case of an application for the issuance of an airman medical certificate, the National Transportation Safety Board may review a denial that may not be considered a final denial by the Administrator when the Administrator has twice reconsidered the application and sustained a previous denial on that application.
Deemed denial
The Administrator’s failure to rule upon an application to reconsider the denial of issuance of an airman medical certificate within 60 days of the date on which the application to reconsider is submitted to the Administrator shall be deemed to be a denial of the application.
.
Voluntary surrender of an airman medical certificate
Section 44703 of title 49, United States Code, is amended by adding at the end the following new subsection:
Voluntary surrender of an airman medical certificate
An airman may voluntarily surrender an airman medical certificate issued under this section for cancellation at any time, unless the certificate is subject to a Federal Aviation Administration order at the time of the voluntary surrender.
.
Appeals
Section 44703(d)(1) of title 49, United States Code, is amended by striking holds a certificate that
and all that follows through the period and inserting holds a certificate that is suspended at the time of denial.
.
Reapplications
Section 44709 of title 49, United States Code, is amended—
by redesignating subsection (f) as subsection (g); and
by inserting after subsection (e), the following new subsection:
Reapplications
Except as provided in section 44710, any person whose certificate has been revoked by an order of the Administrator or the National Transportation Safety Board may reapply for a certificate at any time following the revocation.
.
Appeal of suspension or termination of delegation
Section 44702(d) of title 49, United States Code, is amended by adding at the end the following: Subsections (d), (e), and (f) of section 44709 shall apply to a rescission of a delegation under this subsection in the same manner as those subsections apply to an order of the Administrator or the National Transportation Safety Board under that section.
.
Accountability for aircraft registration numbers
The Administrator of the Federal Aviation Administration shall review the process of reserving aircraft registration numbers and enact appropriate changes to ensure the fair participation by the general public, including the implementation of readily available software to prevent any computer auto-fill systems from reserving aircraft registration numbers in bulk.
Mitigating the spread of aquatic invasive species by aircraft
In general
Any person that holds a seaplane rating from the Administrator of the Federal Aviation Administration and successfully completes a free online education course on aquatic invasive species mitigation that is acceptable to the Secretary of the Interior may hold themselves out to the public as qualified to inspect aircraft for aquatic invasive species and to take action to mitigate the spread of aquatic invasive species.
No further regulatory or enforcement action
Any person that is qualified under subsection (a) or whose aircraft is inspected by a person qualified under subsection (a) and subject to the mitigation described in subsection (a) shall not be subject to any further regulatory or enforcement action by any Federal, State, local, or Tribal government for any action related to aquatic invasive species.
Courses
The Secretary of the Interior shall publish, and periodically revise, a list of acceptable courses on mitigating the spread of aquatic invasive species by aircraft.
Aquatic invasive species
For the purposes of this section, the term aquatic invasive species means aquatic organisms that invade ecosystems beyond their natural, historic range and whose presence may harm human health, native ecosystems, or commercial, agricultural, or recreational activities dependent on these ecosystems.
Modification of Federal Aviation Administration tower marking requirements
Section 2110(b)(1)(A)(ii) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44718(b)(1)(A)(ii) note) is amended—
by redesignating subclauses (IX) and (X) as subclauses (X) and (XI), respectively; and
by inserting after subclause (VIII) the following:
is located in a State that has enacted tower marking requirements according to the Federal Aviation Administration’s recommended guidance for the voluntary marking of Meteorological Evaluation Towers (METs) erected in remote and rural areas that are less than 200 feet above ground level to enhance the conspicuity of the towers for low level agricultural operations in the vicinity of those towers.
.
Limitation of liability for certain individuals designated as representatives of the Federal Aviation Administration
In general
Any individual designated by the Administrator of the Federal Aviation Administration under subpart C of part 183 of title 14, Code of Federal Regulations, to act as a representative of the Administrator, including an aviation medical examiner, pilot examiner, or designated airworthiness representative, shall, when carrying out duties pursuant to that designation and without regard to the individual’s employer—
be considered to be performing an activity necessary to safeguard a uniquely Federal interest; and
not be liable in a civil action for actions performed with reasonable care in connection with those duties.
Fraudulent misconduct
This section does not relieve an individual described in subsection (a) that causes harm to any person through intentional or fraudulent misconduct while carrying out duties described under that subsection from any penalty applicable under any provision of law for that misconduct.
Activity covered
This section shall only apply to those individuals carrying out their duties within the United States or its territories.