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49 U.S.C. § 40104Promotion of civil aeronautics and safety of air commerce

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 1,660 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FAA must support the growth of civil aviation and air safety at home and abroad. This includes educational programs for aerospace workers and airport capacity projects. The FAA also negotiates international safety agreements and promotes U.S. aviation standards worldwide.

(a) Developing Civil Aeronautics and Safety of Air Commerce. The FAA Administrator must encourage the growth of civil aviation and the safety of air commerce, both inside and outside the U.S. (b) Airport Capacity Enhancement Projects at Congested Airports. To carry out (a), the Administrator must act to encourage building airport capacity projects at "congested airports" (as defined in section 47175). (c) Educational and Professional Development. (1) In general: To carry out (a), the Administrator must support education and professional growth for current and future aerospace workers. (2) Educational materials: Based on available resources, the Administrator must (A) create and distribute civil aviation information and educational materials, and (B) share expertise with state and local school officials, college and university officials, and other interested organizations. (3) Content: These materials, including presentations, must cover broadly relevant topics, including (A) ethical decision-making and aerospace professionals' responsibilities; (B) managing a workforce, encouraging employees to report safety concerns, and teaching them about safety management systems; and (C) responsibilities of people who act as a designee or representative of the Administrator. (d) International Role and Assistance of the FAA. (1) In general: To carry out (a), the Administrator must work to improve global aviation safety, efficiency, and environmental impact by leading alongside foreign counterparts, through the International Civil Aviation Organization (ICAO) and other international bodies, and with the private sector. (2) International presence: The Administrator must keep an international presence to: (A) help foreign aviation authorities by (i) building strong oversight practices and policies, (ii) aligning international standards for air traffic management and for certifying operators, aircraft, airports, and individuals, (iii) accepting and validating foreign aircraft design and production approvals, (iv) preparing for new aviation technology, including powered-lift aircraft, and (v) properly adopting continuing-airworthiness information like airworthiness directives; (B) encourage other countries to adopt U.S. standards, rules, and policies; (C) create, maintain, and update bilateral or multilateral aviation safety agreements and the safety information in them; (D) take part in the bilateral and multilateral talks required under paragraph (5) and give technical help as described in paragraph (6); (E) validate foreign aviation products and make sure U.S.-designed or -made products get validated abroad in return; (F) support accident and incident investigations, especially those involving U.S. people or certified products, and those the National Transportation Safety Board is helping with under ICAO's rules; (G) support the U.S. aviation sector's international safety work; (H) maintain good relationships with everyone who has a stake in aviation — foreign aviation authorities, other government bodies, nongovernmental groups, and foreign manufacturers; and (I) do anything else the Administrator decides is necessary. (3) International offices: The Administrator must (A) keep FAA offices abroad; (B) review those offices every 5 years to check (i) how well they're doing their job, and (ii) whether they have enough staff and resources; and (C) open new offices to fill any gaps the review finds, focusing on places where international aviation authorities or regional organizations are located, countries struggling to maintain a "category 1" safety rating under the International Aviation Safety Assessment program, and regions with fast-growing aviation activity. (4) Bilateral and multilateral engagement; technical assistance: The Administrator must (A) — working with the Secretary of State — regularly engage with other countries and with ICAO to strengthen international cooperation, data sharing, and matching safety requirements, including by (i) sharing ongoing operational safety information, (ii) prioritizing fixes for pilot training gaps, including hands-on flying skills, to avoid over-reliance on automation, (iii) encouraging countries to consider adopting helpful U.S.-style flight-crew training rules, and (iv) prioritizing any other flight-crew training topic that would improve international safety; and (B) try to expand FAA technical assistance abroad, including by (i) promoting stronger safety oversight systems using data analysis, (ii) encouraging other countries' aviation authorities to follow international safety standards, (iii) reducing cybersecurity risks across aviation, (iv) helping share safety information, best practices, and risk assessments through established international safety groups, and (v) giving technical help on any other aviation safety topic that would help. (5) Bilateral aviation safety agreements: (A) In general — the Administrator must negotiate, sign, promote, enforce, evaluate, and update bilateral or multilateral aviation safety agreements with foreign aviation authorities. (B) Purpose — these agreements must, at minimum, (i) improve global aviation safety, (ii) reduce duplicate rules and approvals to help U.S. aviation, (iii) protect U.S. operators', service providers', and manufacturers' access to foreign markets, and (iv) set up a process for what happens when a partner doesn't meet its obligations. (C) Scope — these agreements should cover existing aviation activities and include a way to update them over time for new technology. (D) Contents — as appropriate, these agreements should cover topics like airworthiness and certification, maintenance, operations and pilot training, airspace access and navigation services, transport aircraft, other aircraft types (including drones), flight simulators, and new or emerging technology. (E) Rule of construction — none of this reduces or changes any other legal authority the Administrator already has. (7) Strategic plan (the source numbering skips directly from paragraph (5) to paragraph (7)): The Administrator must keep a strategic plan for FAA's international work that includes: (A) everything required by a specific 2018 aviation report requirement; (B) steps to achieve the mission in paragraph (2); (C) plans to build employee expertise in dispute resolution, intellectual property, and export control law; (D) policy on the FAA's future direction with ICAO; (E) procedures for accepting mandatory airworthiness information and other safety documents, including under section 44701(e)(5); (F) everything — including funding — needed to keep U.S. leadership in global aviation safety and air transportation; (G) metrics, tracked and updated regularly, to measure how well bilateral safety agreements work and whether foreign authorities are complying; and (H) a strategy to help the U.S. aerospace industry efficiently sell new aerospace technology abroad in key markets. (e) Promotion of United States Aerospace Standards, Products, and Services Abroad. The Secretary must (1) promote U.S. aerospace safety standards abroad; (2) actively help get U.S. aerospace products and services approved abroad; (3) use bilateral safety agreements and other tools with partner countries to improve validation of U.S.-certified aeronautical products and reduce unnecessary costs and duplication; and (4) streamline how foreign aviation safety authorities validate and coordinate approvals. (f) Travel. When carrying out (a), the Administrator and Secretary of Transportation must let appropriate FAA office supervisors — for staff outside the FAA's senior executive system — approve domestic and international travel without extra sign-off, for purposes like: (1) promoting U.S. aviation safety and standards for aircraft, air traffic, airports, drones, and fuel; (2) getting other countries to adopt U.S.-backed standards at ICAO; (3) supporting acceptance of FAA design and production approvals abroad; (4) training FAA staff and others; (5) engaging with regulated companies, including site visits; (6) activities tied to subsections (c) through (e); and (7) other activities the Administrator decides on.
the actual law source: uscode.house.gov ↗public domain
(a)Developing Civil Aeronautics and Safety of Air Commerce.—

The Administrator of the Federal Aviation Administration shall encourage the development of civil aeronautics and safety of air commerce in and outside the United States.

(b)Airport Capacity Enhancement Projects at Congested Airports.—

In carrying out subsection (a), the Administrator shall take action to encourage the construction of airport capacity enhancement projects at congested airports as those terms are defined in section 47175.

(c)Educational and Professional Development.—
(1)In general.—

In carrying out subsection (a), the Administrator shall support and undertake efforts to promote and support the education and professional development of current and future aerospace professionals.

(2)Educational materials.—

Based on the availability of resources, the Administrator shall—

(A)

develop and distribute civil aviation information and educational materials; and

(B)

provide expertise to State and local school administrators, college and university officials, and officers of other interested organizations and entities.

(3)Content.—

In developing the educational materials under paragraph (2), the Administrator shall ensure such materials, including presentations, cover topics of broad relevance, including—

(A)

ethical decision-making and the responsibilities of aerospace professionals;

(B)

managing a workforce, encouraging proper reporting of prospective safety issues, and educating employees on safety management systems; and

(C)

responsibilities as a designee or representative of the Administrator.

(d)International Role and Assistance of the FAA.—
(1)In general.—

In carrying out subsection (a), the Administrator shall promote and achieve global improvements in the safety, efficiency, and environmental effect of air travel by exercising leadership with the Administrator’s foreign counterparts, in the International Civil Aviation Organization and its subsidiary organizations, and other international organizations and fora, and with the private sector.

(2)International presence.—

The Administrator shall maintain an international presence to—

(A)

assist foreign civil aviation authorities in—

(i)

establishing robust aviation oversight practices and policies;

(ii)

harmonizing international aviation standards for air traffic management, operator certification, aircraft certification, airports, and certificated or credentialed individuals;

(iii)

validating and accepting foreign aircraft design and production approvals;

(iv)

preparing for new aviation technologies, including powered-lift aircraft, products, and articles; and

(v)

appropriately adopting continuing airworthiness information, such as airworthiness directives;

(B)

encourage the adoption of United States standards, regulations, and policies;

(C)

establish, maintain, and update bilateral or multilateral aviation safety agreements and the aviation safety information contained within such agreements;

(D)

engage in bilateral and multilateral discussions as required under paragraph (5) and provide technical assistance as described in paragraph (6); 1

(E)

validate foreign aviation products and ensure reciprocal validation of products for which the United States is the state of design or production;

(F)

support accident and incident investigations, particularly such investigations that involve United States persons and certified products and such investigations where the National Transportation Safety Board is supporting an investigation pursuant to annex 13 of the International Civil Aviation Organization;

(G)

support the international safety activities of the United States aviation sector;

(H)

maintain valuable relationships with entities with aviation equities, including civil aviation authorities, other governmental bodies, non-governmental organizations, and foreign manufacturers; and

(I)

perform other activities as determined necessary by the Administrator.

(3)International offices.—

In carrying out the responsibilities described in subsection (a), the Administrator—

(A)

shall maintain international offices of the Administration;

(B)

every 5 years, may review existing international offices to determine—

(i)

the effectiveness of such offices in fulfilling the mission described in paragraph (2); and

(ii)

the adequacy of resources and staffing to achieve the mission described in paragraph (2); and

(C)

shall establish offices to address gaps identified by the review under subparagraph (B) and in furtherance of the mission described in paragraph (2), putting an emphasis on establishing such offices—

(i)

where international civil aviation authorities are located;

(ii)

where regional intergovernmental organizations are located;

(iii)

in countries that have difficulty maintaining a category 1 classification through the International Aviation Safety Assessment program; and

(iv)

in regions that have experienced substantial growth in aviation operations or manufacturing.

(4)Bilateral and multilateral engagement; technical assistance.—

The Administrator shall—

(A)

in consultation with the Secretary of State, engage bilaterally and multilaterally, including with the International Civil Aviation Organization, on an ongoing basis to bolster international collaboration, data sharing, and harmonization of international aviation safety requirements including through—

(i)

sharing of continued operational safety information;

(ii)

prioritization of pilot training deficiencies, including manual flying skills and flight crew training, to discourage over reliance on automation, further bolstering the components of airmanship;

(iii)

encouraging the consideration of the safety advantages of appropriate Federal regulations, which may include relevant Federal regulations pertaining to flight crew training requirements; and

(iv)

prioritizing any other flight crew training areas that the Administrator believes will enhance all international aviation safety; and

(B)

seek to expand technical assistance provided by the Federal Aviation Administration in support of enhancing international aviation safety, including by—

(i)

promoting and enhancing effective oversight systems, including operational safety enhancements identified through data collection and analysis;

(ii)

promoting and encouraging compliance with international safety standards by counterpart civil aviation authorities;

(iii)

minimizing cybersecurity threats and vulnerabilities across the aviation ecosystem;

(iv)

supporting the sharing of safety information, best practices, risk assessments, and mitigations through established international aviation safety groups; and

(v)

providing technical assistance on any other aspect of aviation safety that the Administrator determines is likely to enhance international aviation safety.

(5)Bilateral aviation safety agreements.—
(A)In general.—

The Administrator shall negotiate, enter into, promote, enforce, evaluate the effectiveness of, and seek to update bilateral or multilateral aviation safety agreements, and the parts of such agreements, with international aviation authorities.

(B)Purpose.—

The Administrator shall seek to enter into bilateral aviation safety agreements under this section to, at a minimum—

(i)

improve global aviation safety;

(ii)

increase harmonization of, and reduce duplicative, requirements, processes, and approvals to advance the aviation interests of the United States;

(iii)

ensure access to international markets for operators, service providers, and manufacturers from the United States; and

(iv)

put in place procedures for recourse when a party to such agreements fails to meet the obligations of such party under such agreements.

(C)Scope.—

The scope of a bilateral aviation safety agreement entered into under this section shall, as appropriate, cover existing aviation users and concepts and establish a process by which bilateral aviation safety agreements can be updated to include new and novel concepts on an ongoing basis.

(D)Contents.—

Bilateral aviation safety agreements entered into under this section shall, as appropriate and consistent with United States law and regulation, include topics such as—

(i)

airworthiness, certification, and validation;

(ii)

maintenance;

(iii)

operations and pilot training;

(iv)

airspace access, efficiencies, and navigation services;

(v)

transport category aircraft;

(vi)

fixed-wing aircraft, rotorcraft, powered-lift aircraft, products, and articles;

(vii)

aerodrome certification;

(viii)

unmanned aircraft and associated elements of such aircraft;

(ix)

flight simulation training devices;

(x)

new or emerging technologies and technology trends; and

(xi)

other topics as determined appropriate by the Administrator.

(E)Rule of construction.—

Bilateral or multilateral aviation safety agreements entered into under this subsection shall not be construed to diminish or alter any authority of the Administrator under any other provision of law.

(7)2Strategic plan.—

The Administrator shall maintain a strategic plan for the international engagement of the Administration that includes—

(A)

all elements of the report required under section 243(b) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note);

(B)

measures to fulfill the mission described in paragraph (2);

(C)

initiatives to attain greater expertise among employees of the Federal Aviation Administration in issues related to dispute resolution, intellectual property, and export control laws;

(D)

policy regarding the future direction and strategy of the United States engagement with the International Civil Aviation Organization;

(E)

procedures for acceptance of mandatory airworthiness information, such as airworthiness directives, and other safety-related regulatory documents, including procedures to implement the requirements of section 44701(e)(5);

(F)

all factors, including funding and resourcing, necessary for the Administration to maintain leadership in the global activities related to aviation safety and air transportation;

(G)

establishment of, and a process to regularly track and update, metrics to measure the effectiveness of, and foreign civil aviation authority compliance with, bilateral aviation safety agreements; and

(H)

a strategic methodology to facilitate the ability of the United States aerospace industry to efficiently operate and export new aerospace technologies, products, and articles in key markets globally.

(e)Promotion of United States Aerospace Standards, Products, and Services Abroad.—

The Secretary shall take appropriate actions to—

(1)

promote United States aerospace-related safety standards abroad;

(2)

facilitate and vigorously defend approvals of United States aerospace products and services abroad;

(3)

with respect to bilateral partners, utilize bilateral safety agreements and other mechanisms to improve validation of United States certificated aeronautical products, services, and appliances and enhance mutual acceptance in order to eliminate redundancies and unnecessary costs; and

(4)

with respect to the aeronautical safety authorities of a foreign country, streamline validation and coordination processes.

(f)Travel.—

The Administrator and the Secretary of Transportation shall, in carrying out the responsibilities described in subsection (a), delegate to the appropriate supervisors of offices of the Administration the ability to authorize the domestic and international travel of relevant personnel who are not in the Federal Aviation Administration Executive System, without any additional approvals required, for the purposes of—

(1)

promoting aviation safety, aircraft operations, air traffic, airport, unmanned aircraft systems, aviation fuels, and other aviation standards, regulations, and initiatives adopted by the United States;

(2)

facilitating the adoption of United States approaches on such aviation standards and recommended practices at the International Civil Aviation Organization;

(3)

supporting the acceptance of Administration design and production approvals by other civil aviation authorities;

(4)

training Administration personnel and training provided to other persons;

(5)

engaging with regulated entities, including performing site visits;

(6)

activities associated with subsections (c) through (e); and

(7)

other activities as determined by the Administrator.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1102; Pub. L. 103–429, § 6(47), Oct. 31, 1994, 108 Stat. 4384; Pub. L. 104–264, title IV, § 401(b)(1), Oct. 9, 1996, 110 Stat. 3255; Pub. L. 108–176, title III, § 303, title VIII, § 813, Dec. 12, 2003, 117 Stat. 2533, 2590; Pub. L. 115–254, div. B, title II, § 241, title V, § 539(a), Oct. 5, 2018, 132 Stat. 3257, 3370; Pub. L. 116–260, div. V, title I, § 119(f)(1), (2), Dec. 27, 2020, 134 Stat. 2342; Pub. L. 118–63, title III, §§ 356, 357(a), 358(a)–(c)(1), (d), 359, May 16, 2024, 138 Stat. 1114–1116, 1119, 1120.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1102
  • 1994Amended · Pub. L. 103-429 · 108 Stat. 4384
  • 1996Amended · Pub. L. 104-264 · 110 Stat. 3255
  • 2003Amended · Pub. L. 108-176 · 117 Stat. 2533, 2590
  • 2018Amended · Pub. L. 115-254 · 132 Stat. 3257, 3370
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 2342
  • 2024Amended · Pub. L. 118-63 · 138 Stat. 1114

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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