What This Bill Does
This bill reforms safety requirements for companies that operate commercial air tours (sightseeing flights for paying customers in airplanes or helicopters). It also establishes new safety requirements for sport parachute operations. The Federal Aviation Administration (a federal agency that regulates aviation) must create new rules and safety standards for these types of flights.
##
Who It Affects
- Commercial air tour operators (companies that conduct sightseeing flights for paying customers)
- Pilots who conduct commercial air tours
- Sport parachute operators and pilots
- The Federal Aviation Administration
- Aircraft and aircraft technology manufacturers
- Aviation safety organizations
##
Key Provisions
- The Federal Aviation Administration must require certain operators to implement a safety management system (a system for identifying and managing safety risks) within 24 months of the law's enactment. (Sec. 3)
- Starting 3 years after the law is enacted, commercial air tour operators must hold an air carrier certificate (official permission from the government to operate) and conduct tours under specific federal regulations, with a temporary 5-year exception for operators who apply for certificates. (Sec. 4(a)(1))
- The Federal Aviation Administration must create new training requirements for commercial air tour pilots covering how to avoid flying unintentionally into bad weather conditions and how to prevent loss of control, with attention to terrain hazards, pilot decision-making, and use of automated systems. (Sec. 4(a)(2))
- The Federal Aviation Administration must form a committee to develop recommendations for flight data monitoring (reviewing information collected during flights to identify problems), terrain awareness systems, and traffic avoidance equipment for air tour operators. (Sec. 4(b))
- The Federal Aviation Administration must improve the process for obtaining operating certificates and give priority to operators required to get certificates under this law. (Sec. 5)
- The Federal Aviation Administration must form a committee to develop recommendations for safety standards for sport parachute operations, including aircraft maintenance programs and pilot training requirements. (Sec. 6(a))
##
What Changes
If this law passes, commercial air tour operators will face new certification requirements and must implement safety management systems. Pilots will be required to complete additional training on avoiding bad weather and maintaining aircraft control. The Federal Aviation Administration will create new regulations requiring flight data monitoring and advanced safety equipment for air tour operators. Sport parachute operations will have new aircraft maintenance standards, pilot training requirements, and pilot proficiency checking programs.
##
Important Definitions
- Commercial air tour: A flight conducted for money in an airplane or helicopter where sightseeing is a purpose of the flight
- Commercial air tour operator: Any person who conducts a commercial air tour
- Parachute operation: Not specified in bill text
- Administrator: The head of the Federal Aviation Administration
##
Effective Date
The law does not specify a single effective date. Different provisions take effect at different times: some within 24 months of enactment, others within 3 years, and some within 5 years of enactment.
II
118TH CONGRESS
1ST SESSION
S. 1032
To reform Federal Aviation Administration safety requirements for
commercial air tour operators, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 29, 2023
Mr. SCHATZ (for himself and Ms. HIRONO) introduced the following bill; which
was read twice and referred to the Committee on Commerce, Science, and
Transportation
A BILL
To reform Federal Aviation Administration safety require-
ments for commercial air tour operators, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Air Tour and Sport
4
Parachuting Safety Improvement Act of 2023’’.
5
SEC. 2. DEFINITIONS.
6
In this Act:
7
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
1
trator’’ means the Administrator of the Federal
2
Aviation Administration.
3
(2) AIR CARRIER.—The term ‘‘air carrier’’ has
4
the meaning given that term in section 40102 of
5
title 49, United States Code.
6
(3) COMMERCIAL AIR TOUR.—The term ‘‘com-
7
mercial air tour’’ means a flight conducted for com-
8
pensation or hire in an airplane or helicopter where
9
a purpose of the flight is sightseeing.
10
(4) COMMERCIAL AIR TOUR OPERATOR.—The
11
term ‘‘commercial air tour operator’’ means any per-
12
son who conducts a commercial air tour.
13
(5) PARACHUTE OPERATION.—The term ‘‘para-
14
chute operation’’ has the meaning given that term in
15
section 105.3 of title 14, Code of Federal Regula-
16
tions (or any successor regulation).
17
SEC. 3. SAFETY MANAGEMENT SYSTEM REQUIREMENTS
18
FOR CERTAIN OPERATORS.
19
Not later than 24 months after the date of enactment
20
of this Act, the Administrator shall issue a final rule re-
21
quiring each person holding a certificate under part 119
22
of title 14, Code of Federal Regulations, and authorized
23
to conduct operations in accordance with the provisions
24
of part 135 of title 14, Code of Federal Regulations, to
25
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•S 1032 IS
implement a safety management system, as appropriate
1
for the operations.
2
SEC. 4. OTHER SAFETY REQUIREMENTS FOR COMMERCIAL
3
OPERATORS.
4
(a) SAFETY REFORMS.—
5
(1) AUTHORITY TO CONDUCT NONSTOP COM-
6
MERCIAL AIR TOURS.—
7
(A) IN
GENERAL.—Subject to subpara-
8
graph (B), beginning on the date that is 3
9
years after the date of enactment of this Act,
10
no person may conduct commercial air tours
11
unless that person—
12
(i) holds a certificate identifying the
13
person as an air carrier or commercial op-
14
erator under part 119 of title 14, Code of
15
Federal Regulations; and
16
(ii) conducts all commercial air tours
17
under the applicable provisions of part 121
18
or part 135 of title 14, Code of Federal
19
Regulations.
20
(B) TEMPORARY
EXCEPTION.—Notwith-
21
standing the requirements of subparagraph (A),
22
for a period of 5 years after the date described
23
in subparagraph (A), a person who holds a let-
24
ter of authorization issued by the Administrator
25
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•S 1032 IS
to conduct nonstop commercial air tours under
1
section 91.147 of title 14, Code of Federal Reg-
2
ulations, may continue to conduct nonstop com-
3
mercial air tours under such letter of authoriza-
4
tion so long as the person—
5
(i) as of the date of enactment of this
6
section, has submitted (or not later than
7
18 months after such date of enactment,
8
submits) an application to the Adminis-
9
trator for an air carrier certificate under
10
part 119, Code of Federal Regulations;
11
and
12
(ii) has not been issued such part 119
13
certificate or received a denial of the appli-
14
cation submitted under clause (i).
15
(C) REPORTING REQUIRED.—Beginning on
16
the date that is 3 years after the date of enact-
17
ment, and every 12 months thereafter, each
18
person that conducts commercial air tours (in-
19
cluding any person excluded from the certificate
20
requirement under subparagraph (B)) shall re-
21
port to the Administrator the total number of
22
commercial air tours that person conducted
23
during the previous 12 months.
24
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(D) OTHER
TERMS.—The Administrator
1
shall—
2
(i) revise title 14, Code of Federal
3
Regulations, to include definitions for the
4
terms ‘‘aerial work’’ and ‘‘aerial photog-
5
raphy’’ that are limited to aerial operations
6
performed for compensation or hire with
7
an approved operating certificate; and
8
(ii) to the extent necessary, revise sec-
9
tion 119.1(e)(4)(iii) of title 14, Code of
10
Federal Regulations, to conform with the
11
requirements of such definitions.
12
(2) ADDITIONAL SAFETY REQUIREMENTS.—Not
13
later than 3 years after the date of enactment of
14
this Act, the Administrator shall issue new or re-
15
vised regulations that shall require all certificated
16
commercial air tour operators to incorporate avoid-
17
ance training for controlled flight into terrain and
18
in-flight loss of control into the training program re-
19
quired under part 121 or 135 of title 14, Code of
20
Federal Regulations, as applicable. The training
21
shall address reducing the risk of accidents involving
22
unintentional flight into instrument meteorological
23
conditions to address day, night, and low visibility
24
environments with special attention paid to research
25
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•S 1032 IS
available as of the date of enactment of this Act on
1
human factors issues involved in such accidents, in-
2
cluding but not limited to—
3
(A) specific terrain, weather, and infra-
4
structure challenges relevant in the local oper-
5
ating environment that increase the risk of such
6
accidents;
7
(B) pilot decision-making relevant to the
8
avoidance of instrument meteorological condi-
9
tions while operating under visual flight rules;
10
(C) use of terrain awareness displays;
11
(D) spatial disorientation risk factors and
12
countermeasures; and
13
(E) strategies for maintaining control, in-
14
cluding the use of automated systems.
15
(b) AVIATION RULEMAKING COMMITTEE.—
16
(1) IN
GENERAL.—The Administrator, shall
17
convene an aviation rulemaking committee to review
18
and develop findings and recommendations to in-
19
form—
20
(A)
establishing
a
performance-based
21
standard for flight data monitoring for all com-
22
mercial air tour operators that reviews all avail-
23
able data sources to identify deviations from es-
24
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•S 1032 IS
tablished areas of operation and potential safety
1
issues;
2
(B) requiring all commercial air tour oper-
3
ators to install flight data recording devices ca-
4
pable of supporting collection and dissemination
5
of the data incorporated in the Flight Oper-
6
ational Quality Assurance Program (or, if an
7
aircraft cannot be retrofitted with such equip-
8
ment, requiring the commercial air tour oper-
9
ator for such aircraft to collect and maintain
10
flight data through alternative methods);
11
(C) requiring all commercial air tour oper-
12
ators to implement a flight data monitoring
13
program, such as a Flight Operational Quality
14
Assurance Program;
15
(D) establishing methods to provide effec-
16
tive terrain awareness and warning; and
17
(E) establishing methods to provide effec-
18
tive traffic avoidance in identified high-traffic
19
tour areas, such as requiring air tour operators
20
that operate within those areas be equipped
21
with an Automatic Dependent Surveillance-
22
Broadcast Out- and In-supported traffic advi-
23
sory system that—
24
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•S 1032 IS
(i) includes both visual and aural
1
alerts;
2
(ii) is driven by an algorithm designed
3
to eliminate nuisance alerts; and
4
(iii) is operational during all flight op-
5
erations.
6
(2) MEMBERSHIP.—The aviation rulemaking
7
committee shall consist of members appointed by the
8
Administrator, including—
9
(A) representatives of industry, including
10
manufacturers of aircraft and aircraft tech-
11
nologies;
12
(B) representatives of aviation operator or-
13
ganizations; and
14
(C) aviation safety experts with specific
15
knowledge of safety management systems and
16
flight data monitoring programs under part 135
17
of title 14, Code of Federal Regulations.
18
(3) DUTIES.—
19
(A) IN
GENERAL.—The Administrator
20
shall direct the aviation rulemaking committee
21
to make findings and submit recommendations
22
regarding each of the matters specified in sub-
23
paragraphs (A) through (E) of paragraph (1).
24
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•S 1032 IS
(B) CONSIDERATIONS.—In carrying out its
1
duties under subparagraph (A), the Adminis-
2
trator shall direct the aviation rulemaking com-
3
mittee to consider—
4
(i) recommendations of the National
5
Transportation Safety Board;
6
(ii) recommendations of previous avia-
7
tion rulemaking committees that reviewed
8
flight data monitoring program require-
9
ments on part 135 commercial operators;
10
(iii) recommendations from industry
11
safety organizations, including but not lim-
12
ited to the Vertical Aviation Safety Team
13
(VAST), the General Aviation Joint Safety
14
Committee, and the United States Heli-
15
copter Safety Team (USHST);
16
(iv) scientific data derived from a
17
broad range of flight data recording tech-
18
nologies capable of continuously transmit-
19
ting and that support a measurable and
20
viable means of assessing data to identify
21
and correct hazardous trends;
22
(v) appropriate use of data for modi-
23
fying behavior to prevent accidents;
24
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•S 1032 IS
(vi) the need to accommodate techno-
1
logical advancements in flight data record-
2
ing technology;
3
(vii) data gathered from aviation safe-
4
ty reporting programs;
5
(viii) appropriate methods to provide
6
effective terrain awareness and warning
7
system (TAWS) protections while miti-
8
gating nuisance alerts for aircraft;
9
(ix) the need to accommodate the di-
10
versity of airworthiness standards under
11
part 27 and part 29 of title 14, Code of
12
Federal Regulations;
13
(x) the need to accommodate diversity
14
of operations and mission sets;
15
(xi) benefits of third-party data anal-
16
ysis for large and small operations;
17
(xii) accommodations necessary for
18
small businesses; and
19
(xiii) other issues as necessary.
20
(4) REPORTS AND REGULATIONS.—The Admin-
21
istrator shall—
22
(A) not later than 20 months after the
23
date of enactment of this Act, submit to the
24
Committee on Commerce, Science, and Trans-
25
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•S 1032 IS
portation of the Senate and the Committee on
1
Transportation and Infrastructure of the House
2
of Representatives a report based on the find-
3
ings of the aviation rulemaking committee;
4
(B) not later than 12 months after the
5
date of submission of the report under subpara-
6
graph (A), and after consideration of the rec-
7
ommendations of the aviation rulemaking com-
8
mittee, issue an intent to proceed with proposed
9
rulemakings regarding each of the matters
10
specified in subparagraphs (A) through (E) of
11
paragraph (1); and
12
(C) not later than 3 years after the date
13
of enactment of this Act, issue a final rule with
14
respect to each of the matters specified in such
15
subparagraphs of paragraph (1).
16
SEC. 5. EXPEDITED PROCESS FOR OBTAINING OPERATING
17
CERTIFICATES.
18
(a) IN GENERAL.—The Administrator shall imple-
19
ment procedures to improve the process for obtaining op-
20
erating certificates under part 119 of title 14, Code of
21
Federal Regulations.
22
(b) CONSIDERATIONS.—In carrying out subsection
23
(a), beginning on the date that is 18 months after the
24
date of enactment of this Act, the Administrator shall give
25
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•S 1032 IS
priority consideration to operators that must obtain a cer-
1
tificate in accordance with section 4(a)(1) of this Act.
2
(c) REPORT REQUIRED.—Not later than 1 year after
3
the date of enactment of this Act, the Administrator shall
4
submit to the Committee on Commerce, Science, and
5
Transportation of the Senate and the Committee on
6
Transportation and Infrastructure of the House of Rep-
7
resentatives a report describing—
8
(1) how the procedures implemented under sub-
9
section (a) will increase the efficiency of the process
10
for obtaining operating certificates under part 119
11
of title 14, Code of Federal Regulations, and, if ap-
12
plicable, certificates authorizing operations under
13
part 135 of such title;
14
(2) how considerations under subsection (b) will
15
be incorporated into procedures implemented under
16
subsection (a); and
17
(3) any additional resources required to imple-
18
ment procedures under subsection (a).
19
(d) ADDITIONAL REPORTS REQUIRED.—Not later
20
than 3 years after the date of enactment of this Act, and
21
annually thereafter the Administrator shall submit a re-
22
port to the Committee on Commerce, Science, and Trans-
23
portation of the Senate and the Committee on Transpor-
24
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•S 1032 IS
tation and Infrastructure of the House of Representatives
1
that—
2
(1) includes—
3
(A) data on certification approvals and de-
4
nials; and
5
(B) data on duration of key phases of the
6
certification process; and
7
(2) identifies certification policies in ne
[Text truncated for display. Full text available on Congress.gov.]