r/title-49-TRANSPORTATION wiki — defined terms
The statute’s own glossary: every term Title 49 defines, in section order.
“national park” applies in that section
The term “national park” means any unit of the National Park System. (6) Tribal lands .—
“new entrant commercial air tour operator” applies in that section
The term “new entrant commercial air tour operator” means a commercial air tour operator that— (A) applies for operating authority as a commercial air tour operator for a national park or tribal lands; and (B) has not engaged in the business of providing commercial air tour operations over the national park or tribal lands in the 12-month period preceding the application. (4) Commercial air tour operation over a national park.— (A) In general .—
“tribal lands” applies in that section
The term “tribal lands” means Indian country (as that term is defined in section 1151 of title 18 ) that is within or abutting a national park. (7) Administrator .—
“antitrust laws” applies in that section
the term “antitrust laws” has the meaning given that term in the first section of the Clayton Act ( 15 U.S.C. 12 ). (i) Consultation With Attorney General .— The Secretary shall consult with the Attorney General regarding the design and implementation of the pilot program, including determining whether a limit should be set on the number of occasions collaborative decisionmaking could be employed during the initial 2-year period of the pilot program.
“cyber common operating picture” applies in that section
The term “cyber common operating picture” means the correlation of a detected cyber incident or cyber threat in the national airspace system and other operational anomalies to provide a holistic view of potential cause and impact. (2) Cyber environment .—
“cyber environment” applies in that section
The term “cyber environment” means the information environment consisting of the interdependent networks of information technology infrastructures and resident data, including the internet, telecommunications networks, computer systems, and embedded processors and controllers. (3) Cyber incident .—
“cyber incident” applies in that section
The term “cyber incident” means an action that creates noticeable degradation, disruption, or destruction to the cyber environment and causes a safety or other negative impact on operations of— (A) the national airspace system; (B) civil aircraft; or (C) aeronautical products and articles. (4) Cyber threat .—
“cyber threat” applies in that section
The term “cyber threat” means the threat of an action that, if carried out, would constitute a cyber incident or an electronic attack. (5) Electronic attack .—
“electronic attack” applies in that section
The term “electronic attack” means the use of electromagnetic spectrum energy to impede operations in the cyber environment, including through techniques such as jamming or spoofing. (6) Significant cyber incident .—
“significant cyber incident” applies in that section
The term “significant cyber incident” means a cyber incident, or a group of related cyber incidents, that the Administrator determines is likely to result in demonstrable harm to the national airspace system of the United States.
“gambling device” applies in that section
the term “gambling device” means any machine or mechanical device (including gambling applications on electronic interactive video systems installed on board aircraft for passenger use)— (1) which when operated may deliver, as the result of the application of an element of chance, any money or property; or (2) by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property.
“aircraft accident” applies in that section
The term “aircraft accident” means any aviation disaster, regardless of its cause or suspected cause, that occurs within the United States; and (2) Passenger .—
“passenger” applies in that section
The term “passenger” has the meaning given such term by section 1136. (b) Submission of Plans .— A foreign air carrier providing foreign air transportation under this chapter shall transmit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in any loss of life.
“eligible cargo” applies in that section
the term “eligible cargo” means cargo transported between Alaska and any other place in the United States on a foreign air carrier (having been transported from, or thereafter being transported to, a place outside the United States on a different air carrier or foreign air carrier) that is carried— (A) under the code of a United States air carrier providing air transportation to Alaska; (B) on an air carrier way bill of an air carrier providing air transportation to Alaska; (C) under a term arrangement or block space agreement with an air carrier; or (D) under the code of a United States air carrier for purposes of transportation within the United States.
“electronic cigarette” applies in that section
the term “electronic cigarette” means a device that delivers nicotine to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking. (e) Regulations .— The Secretary shall prescribe such regulations as are necessary to carry out this section.
“commuter air carrier” applies in that section
The term “commuter air carrier” means a commuter operator as defined or applied in subpart K or S of part 93 of title 14, Code of Federal Regulations. (2) High density airport .—
“high density airport” applies in that section
The term “high density airport” means an airport at which the Administrator limits the number of instrument flight rule takeoffs and landings of aircraft. (3) New entrant air carrier .—
“limited incumbent air carrier” applies in that section
The term “limited incumbent air carrier” has the meaning given that term in subpart S of part 93 of title 14, Code of Federal Regulations; except that— (A) “40” shall be substituted for “12” in sections 93.213(a)(5), 93.223(c)(3), and 93.225(h); (B) for purposes of such sections, the term “slot” shall not include— (i) “slot exemptions”; (ii) slots operated by an air carrier under a fee-for-service arrangement for another air carrier, if the air carrier operating such slots does not sell flights in its own name, and is under common ownership with an air carrier that seeks to qualify as a limited incumbent and that sells flights in its own name; or (iii) slots held under a sale and …
“medium hub airport” applies in that section
The term “medium hub airport” means an airport that each year has at least .25 percent, but less than 1.0 percent, of the total annual boardings in the United States as determined under the summary referred to in paragraph (7). (i) 60- Day Application Process.— (1) Request for slot exemptions .— Any slot exemption request filed with the Secretary under this section or section 41716 or 41717 (other than subsection (c)) shall include— (A) the names of the airports to be served; (B) the times requested; and (C) such additional information as the Secretary may require.
“new entrant air carrier” applies in that section
The term “new entrant air carrier” means an air carrier that does not hold a slot at the airport concerned and has never sold or given up a slot at that airport after December 16, 1985 , and a limited incumbent carrier. (4) Slot .—
“nonhub airport” applies in that section
The term “nonhub airport” means an airport that had less than .05 percent of the total annual boardings in the United States as determined under the Federal Aviation Administration’s Primary Airport Enplanement Activity Summary for Calendar Year 1997. (8) Small hub airport .—
“regional jet” applies in that section
The term “regional jet” means a passenger, turbofan-powered aircraft with a certificated maximum passenger seating capacity of less than 71. (7) Nonhub airport .—
“slot” applies in that section
The term “slot” means a reservation for an instrument flight rule takeoff or landing by an air carrier of an aircraft in air transportation. (5) Limited incumbent air carrier .—
“small hub airport” applies in that section
The term “small hub airport” means an airport that had at least .05 percent, but less than .25 percent, of the total annual boardings in the United States as determined under the summary referred to in paragraph (7). (9) Medium hub airport .—
“commuters” applies in that section
the term “commuters” means aircraft operations using aircraft having a certificated maximum seating capacity of 76 or less. (g) Additional Slot Exemptions .— (1) Increase in slot exemptions .— Not later than 90 days after the date of enactment of the FAA Modernization and Reform Act of 2012, the Secretary shall grant, by order 16 exemptions from— (A) the application of sections 49104(a)(5), 49109, and 41714 to air carriers to operate limited frequencies and aircraft on routes between Ronald Reagan Washington National Airport and airports located beyond the perimeter described in section 49109; and (B) the requirements of subparts K and S of part 93, Code of Federal Regulations.
“part 121 air carrier” applies in that section
The term “part 121 air carrier” means an air carrier to which part 121 of title 14, Code of Federal Regulations, applies. (2) Part 135 air carrier .—
“part 135 air carrier” applies in that section
The term “part 135 air carrier” means an air carrier to which part 135 of title 14, Code of Federal Regulations, applies. (3) Regional/commuter carriers .—
“regional/commuter carrier” applies in that section
The term “regional/commuter carrier” means— (A) a part 135 air carrier; or (B) a part 121 air carrier that provides air transportation exclusively with aircraft having a seating capacity of no more than 70 passengers. (4) Termination .—
“termination” applies in that section
The term “termination” means the cessation of all service at an airport by an air carrier.
“joint venture agreement” applies in that section
The term “joint venture agreement” means an agreement between two or more major air carriers on or after January 1, 1998 , with regard to (A) code-sharing, blocked-space arrangements, long-term wet leases (as defined in section 207.1 of title 14, Code of Federal Regulations) of a substantial number (as defined by the Secretary by regulation) of aircraft, or frequent flyer programs, or (B) any other cooperative working arrangement (as defined by the Secretary by regulation) between 2 or more major air carriers that affects more than 15 percent of the total number of available seat miles offered by the major air carriers. (2) Major air carrier .—
“major air carrier” applies in that section
The term “major air carrier” means a passenger air carrier that is certificated under chapter 411 of this title and included in Carrier Group III under criteria contained in section 04 of part 241 of title 14, Code of Federal Regulations. (b) Submission of Joint Venture Agreement .— At least 30 days before a joint venture agreement may take effect, each of the major air carriers that entered into the agreement shall submit to the Secretary— (1) a complete copy of the joint venture agreement and all related agreements; and (2) other information and documentary material that the Secretary may require by regulation.
“flight” applies in that section
The term “flight” means, with respect to an aircraft, the period beginning when the aircraft takes off and ending when the aircraft lands. (2) Mobile communications device.— (A) In general .—
“mobile communications device” applies in that section
The term “mobile communications device” means any portable wireless telecommunications equipment utilized for the transmission or reception of voice data. (B) Limitation .— The term “mobile communications device” does not include a phone installed on an aircraft.
“covered air carrier” applies in that section
the term “covered air carrier” means an air carrier or a foreign air carrier as those terms are defined in section 40102 of title 49 , United States Code.
“enplanements” applies throughout its subchapter
the term “enplanements” means the number of passengers enplaning, at an eligible place, on flights operated by the subsidized essential air service carrier.
“subsidy cap” applies in that section
the term “subsidy cap” means the subsidy-per-passenger cap established under section 41731(a)(1)(C). (i) Community Petition for Review.— (1) Petition .— An appropriate representative of an eligible place, as defined by the Secretary, may submit to the Secretary a petition expressing no confidence in the air carrier providing basic essential air service under this section and requesting a review by the Secretary.
“significantly increased costs” applies in that section
the term “significantly increased costs” means a total unit cost increase (but not increases in individual unit costs) of 10 percent or more in relation to the total unit cost reflected in the compensation rate, based on the carrier’s internal audit of its financial statements if such cost increase is incurred for a period of at least 2 consecutive months.
“air carrier” applies throughout its subchapter
The term “air carrier” means any air carrier holding a certificate of public convenience and necessity issued by the Secretary of Transportation under section 41102. (2) Aircraft purchase .—
“aircraft purchase” applies throughout its subchapter
The term “aircraft purchase” means the purchase of commercial transport aircraft, including spare parts normally associated with the aircraft. (3) Capital reserve subsidy amount .—
“capital reserve subsidy amount” applies throughout its subchapter
The term “capital reserve subsidy amount” means the amount of budget authority sufficient to cover estimated long-term cost to the United States Government of a Federal credit instrument, calculated on a net present value basis, excluding administrative costs and any incidental effects on Government receipts or outlays in accordance with provisions of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq.). (4) Commuter air carrier .—
“commuter air carrier” applies throughout its subchapter
The term “commuter air carrier” means an air carrier that primarily operates aircraft designed to have a maximum passenger seating capacity of 75 or less in accordance with published flight schedules. (5) Federal credit instrument .—
“Federal credit instrument” applies throughout its subchapter
The term “Federal credit instrument” means a secured loan, loan guarantee, or line of credit authorized to be made under this subchapter. (6) Financial obligation .—
“financial obligation” applies throughout its subchapter
The term “financial obligation” means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of an aircraft purchase, other than a Federal credit instrument. (7) Lender .—
“lender” applies throughout its subchapter
The term “lender” means any non-Federal qualified institutional buyer (as defined by section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation) known as Rule 144A(a) of the Security and Exchange Commission and issued under the Security Act of 1933 ( 15 U.S.C. 77a et seq.)), including— (A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and (B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer. (8) Line of credit .—
“line of credit” applies throughout its subchapter
The term “line of credit” means an agreement entered into by the Secretary with an obligor under section 41763(d) to provide a direct loan at a future date upon the occurrence of certain events. (9) Loan guarantee .—
“loan guarantee” applies throughout its subchapter
The term “loan guarantee” means any guarantee or other pledge by the Secretary under section 41763(c) to pay all or part of any of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender. (10) New entrant air carrier .—
“new entrant air carrier” applies throughout its subchapter
The term “new entrant air carrier” means an air carrier that has been providing air transportation according to a published schedule for less than 5 years, including any person that has received authority from the Secretary to provide air transportation but is not providing air transportation. (11) Obligor .—
“obligor” applies throughout its subchapter
The term “obligor” means a party primarily liable for payment of the principal of or interest on a Federal credit instrument, which party may be a corporation, partnership, joint venture, trust, or governmental entity, agency, or instrumentality. (12) Regional jet aircraft .—
“regional jet aircraft” applies throughout its subchapter
The term “regional jet aircraft” means a civil aircraft— (A) powered by jet propulsion; and (B) designed to have a maximum passenger seating capacity of not less than 30 nor more than 75. (13) Secured loan .—
“secured loan” applies throughout its subchapter
The term “secured loan” means a direct loan funded by the Secretary in connection with the financing of an aircraft purchase under section 41763(b). (14) Underserved market .—
“underserved market” applies throughout its subchapter
The term “underserved market” means a passenger air transportation market (as defined by the Secretary) that— (A) is served (as determined by the Secretary) by a nonhub airport or a small hub airport; (B) is not within a 40-mile radius of an airport that each year has at least .25 percent of the total annual boardings in the United States; and (C) the Secretary determines does not have sufficient air service.
“contractor” applies in that section
the term “contractor” means— (1) a person that performs safety-sensitive functions by contract for an air carrier or commercial operator; or (2) a person that performs safety-sensitive functions related to the design or production of an aircraft, aircraft engine, propeller, appliance, or component thereof by contract for a holder of a certificate issued under section 44704.
“commercial airport” applies in that section
The term “commercial airport” means a large hub, medium hub, small hub, or nonhub airport. (2) Covered air transportation .—
“covered air transportation” applies in that section
The term “covered air transportation” means scheduled or public charter passenger air transportation provided by an air carrier that operates an aircraft that as originally designed has a passenger capacity of 30 or more seats. (3) Tarmac delay .—
“excessive tarmac delay” applies in that section
The term “excessive tarmac delay” means a tarmac delay of more than— (A) 3 hours for a flight in interstate air transportation; or (B) 4 hours for a flight in foreign air transportation.
“tarmac delay” applies in that section
The term “tarmac delay” means the period during which passengers are on board an aircraft on the tarmac— (A) awaiting takeoff after the aircraft doors have been closed or after passengers have been boarded if the passengers have not been advised they are free to deplane; or (B) awaiting deplaning after the aircraft has landed. (4) Excessive tarmac delay .—
“covered air carrier” applies in that section
The term “covered air carrier” means an air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats. (c) Savings Provision .— Nothing in this section may be construed to modify, abridge, or repeal any obligation of an air carrier under section 42301.
“widespread disruption” applies in that section
The term “widespread disruption” means, with respect to a covered air carrier, the interruption of all or the overwhelming majority of the air carrier’s systemwide flight operations, including flight delays and cancellations, as the result of the failure of 1 or more computer systems or computer networks of the air carrier. (2) Covered air carrier .—
“significantly delayed or changed flight” applies in that section
the term “significantly delayed or changed flight” includes, at a minimum, a flight where the passenger arrives at a destination airport— (1) in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and (2) in the case of an international flight, 6 or more hours after the original scheduled arrival time. (e) Application to Ticket Agents.— (1) In general .— Not later than 1 year after the date of enactment of this section, the Secretary shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights.
“covered air carrier” applies in that section
the term “covered air carrier” means an air carrier that sells tickets for scheduled passenger air transportation on an aircraft that, as originally designed, has a passenger capacity of 30 or more seats. (d) Effective Date .— Beginning on the date that is 120 days after the date of enactment of this section, a covered air carrier shall comply with the requirement specified in subsection (a) without regard to whether the Secretary has promulgated any rules to carry out this section as of the date that is 120 days after such date of enactment.
“Cape Town Treaty” applies throughout its chapter
The term “Cape Town Treaty” means the Convention on International Interests in Mobile Equipment, as modified by the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, signed at Rome on May 9, 2003 . (2) United states entry point .—
“International Registry” applies throughout its chapter
The term “International Registry” means the registry established under the Cape Town Treaty.
“United States Entry Point” applies throughout its chapter
The term “United States Entry Point” means the Federal Aviation Administration Civil Aviation Registry. (3) International registry .—
“ADS–B” applies in that section
The term “ADS–B” means automatic dependent surveillance-broadcast. (2) ICAO .—
“ICAO” applies in that section
The term “ICAO” means the International Civil Aviation Organization. (3) Personally identifiable information .—
“personally identifiable information” applies in that section
The term “personally identifiable information” means— (A) the mailing address or registration address of an individual; (B) an electronic address (including an email address) of an individual; or 1 (C) the telephone number of an individual. 1 (D) the names of the aircraft owner or operator, if the owner or operator is an individual.
“eligible air traffic system or equipment” applies in that section
the term “eligible air traffic system or equipment” means— (A) an instrument landing system consisting of a glide slope and localizer (if the Administrator has determined that a satellite navigation system cannot provide a suitable approach to an airport); (B) an Automated Weather Observing System weather observation system; (C) a Remote Communication Air/Ground and Remote Communication Outlet communications facility; or (D) a Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights.
“covered facility” applies in that section
the term “covered facility” means a radar facility with at least 1,000,000 operations annually that is located in a metropolitan statistical area (as defined by the Office of Management and Budget) with a population estimate by the Bureau of the Census of more than 15,000,000 (as of July 1, 2016 ). (2) Use of biographical assessments.— (A) Biographical assessments .— The Administrator shall not use any biographical assessment when hiring under paragraph (1)(A) or paragraph (1)(B).
“advanced qualification program” applies in that section
the term “advanced qualification program” means an alternative method for qualifying, training, certifying, and ensuring the competency of flight crews and other commercial aviation operations personnel subject to the training and evaluation requirements of parts 121 and 135 of title 14, Code of Federal Regulations.
“eligible project” applies in that section
The term “eligible project” means a project to purchase equipment or software relating to the Nation’s air traffic control system that is certified or approved by the Administrator of the Federal Aviation Administration and that promotes safety, efficiency, or mobility.
“project sponsor” applies in that section
The term “project sponsor” means any major user of the national airspace system, as determined by the Secretary, including a public-use airport or a joint venture between a public-use airport and one or more air carriers. (f) Transfers of Equipment .— Notwithstanding any other provision of law, and upon agreement by the Administrator, a project sponsor may transfer, without consideration, to the Federal Aviation Administration, facilities, equipment, or automation tools, the purchase of which was assisted by a grant made under this section, if such facilities, equipment or tools meet Federal Aviation Administration operation and maintenance criteria.
“registered aircraft” applies in that section
the term “registered aircraft” means— (A) aircraft registered in the United States and operated pursuant to an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in another country; and (B) aircraft registered in a foreign country and operated under an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in the United States.
“acts of terrorism” applies in that section
the term “acts of terrorism” means an activity that involves a violent act or an act dangerous to human life that is a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State, and appears to be intended to intimidate or coerce a civilian population to influence the policy of a government by intimidation or coercion or to affect the conduct of a government by assassination or kidnaping.
“covered official” applies in that section
The term “covered official” means the following officials: (i) The Executive Director or any Deputy Director of the Aircraft Certification Service. (ii) The Deputy Executive Director for Regulatory Operations of the Aircraft Certification Service. (iii) The Director or Deputy Director of the Compliance and Airworthiness Division of the Aircraft Certification Service. (iv) The Director or Deputy Director of the System Oversight Division of the Aircraft Certification Service. (v) The Director or Deputy Director of the Policy and Innovation Division of the Aircraft Certification Service. (vi) The Executive Director or any Deputy Executive Director of the Flight Standards Service.
“covered person” applies in that section
The term “covered person” means either— (i) an employee of the Administration whose responsibilities relate to the certification of aircraft, engines, propellers, or appliances; or (ii) an applicant for, or holder of, a type certificate or amended type certificate issued under this section. (B) Covered official .—
“major certification process milestone” applies in that section
The term “major certification process milestone” means a milestone related to the type certification basis, type certification plan, type inspection authorization, issue paper, or other major type certification activity agreed to by the Administrator and the type certificate applicant. (4) Rule of construction .— Nothing in this subsection shall apply to the communication of a good-faith complaint by any individual alleging— (A) gross misconduct; (B) a violation of title 18; or (C) a violation of any of the provisions of part 2635 or 6001 of title 5, Code of Federal Regulations.
“nonconforming aircraft” applies in that section
the term “nonconforming aircraft” means an aircraft that does not conform to the approved type design for such aircraft type. (e) Disclosure of Safety Critical Information.— (1) In general .— Notwithstanding a delegation described in section 44702(d), the Administrator shall require an applicant for, or holder of, a type certificate for a transport category airplane covered under part 25 of title 14, Code of Federal Regulations, to submit safety critical information with respect to such airplane to the Administrator in such form, manner, or time as the Administrator may require.
“type certificate” applies in that section
the term “type certificate”— (A) means a type certificate issued under subsection (a) or an amendment to such certificate; and (B) does not include a supplemental type certificate issued under subsection (b). (f) Hearing Requirement .— The Administrator may find that a person has violated subsection (d)(3) or paragraph (1), (2), or (3) of subsection (e) and impose a civil penalty under the applicable subsection only after notice and an opportunity for a hearing. The Administrator shall provide a person— (1) written notice of the violation and the amount of penalty; and (2) the opportunity for a hearing under subpart G of part 13 of title 14, Code of Federal Regulations.
“collision avoidance equipment” applies in that section
the term “collision avoidance equipment” means equipment that provides protection from mid-air collisions using technology that provides— (A) cockpit-based collision detection and conflict resolution guidance, including display of traffic; and (B) a margin of safety of at least the same level as provided by the collision avoidance system known as TCAS–II.
“pilot in command” applies in that section
the term “pilot in command” has the meaning given such term by section 1.1 of title 14, Code of Federal Regulations.
“flight attendant” applies in that section
the term “flight attendant” means an individual working as a flight attendant in the cabin of an aircraft that has 20 or more seats and is being used by an air carrier to provide air transportation.
“covered operations” applies in that section
the term “covered operations” means— (1) operations under part 121 of title 14, Code of Federal Regulations; or (2) operations by a person that— (A) holds an air carrier certificate issued pursuant to part 119 of title 14, Code of Federal Regulations, to conduct operations under part 135 of such title; (B) holds management specifications under subpart K of title 91 of title 14, Code of Federal Regulations; and (C) performed an aggregate total of at least 75,000 turbojet operations in calendar year 2019 or any subsequent year.
“part 135” applies in that section
The term “part 135” means part 135 of title 14, Code of Federal Regulations. (2) Part 135 certificate holder .—
“part 135 certificate holder” applies in that section
The term “part 135 certificate holder” means a person holding an operating certificate issued under part 119 of title 14, Code of Federal Regulations, that is authorized to conduct civil helicopter air ambulance operations under part 135.
“personal wireless communications device” applies in that section
the term “personal wireless communications device” means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 ( 47 U.S.C. 332(c)(7)(C)(i) )) are transmitted.
“covered repair station” applies in that section
The term “covered repair station” means a facility that— (A) is located outside the United States; (B) is a part 145 repair station; and (C) performs heavy maintenance work on aircraft operated by a part 121 air carrier. (2) Heavy maintenance work .—
“heavy maintenance work” applies in that section
The term “heavy maintenance work” means a C-check, a D-check, or equivalent maintenance operation with respect to the airframe of a transport-category aircraft (including on-wing aircraft engines). (3) Part 121 air carrier .—
“part 121 air carrier” applies in that section
The term “part 121 air carrier” means an air carrier that holds a certificate issued under part 121 of title 14, Code of Federal Regulations. (4) Part 145 repair station .—
“part 145 repair station” applies in that section
The term “part 145 repair station” means a repair station that holds a certificate issued under part 145 of title 14, Code of Federal Regulations.
“air carrier” applies in that section
The term “air carrier” means a person, including a commercial enterprise, that has been issued an air carrier operating certificate under section 44705. (2) Flight attendant .—
“flight attendant” applies in that section
The term “flight attendant” has the meaning given that term in section 44728(g).
“de-identified” applies in that section
the term “de-identified” means the process by which all information that is likely to establish the identity of the specific persons or entities submitting reports, data, or other information is removed from the reports, data, or other information. (d) Other Agencies.— (1) In general .— The limitation established under subsection (a) shall apply to the head of any other Federal agency who receives reports, data, or other information described in such subsection from the Administrator.
“FAA” applies in that section
The term “FAA” means the Federal Aviation Administration. (2) ODA holder .—
“ODA” applies in that section
The term “Organization Designation Authorization” or “ODA” means an authorization by the FAA under section 44702(d) for an organization composed of 1 or more ODA units to perform approved functions on behalf of the FAA. (d) Audits.— (1) In general .— The Administrator shall perform a periodic audit of each ODA unit and its procedures. (2) Duration .— An audit required under paragraph (1) shall be performed with respect to an ODA holder once every 7 years (or more frequently as determined appropriate by the Administrator).
“ODA holder” applies in that section
The term “ODA holder” means an entity authorized to perform functions pursuant to a delegation made by the Administrator of the FAA under section 44702(d). (3) ODA unit .—
“ODA unit” applies in that section
The term “ODA unit” means a group of 2 or more individuals who perform, under the supervision of an ODA holder, authorized functions under an ODA. (4) Organization .—
“organization” applies in that section
The term “organization” means a firm, partnership, corporation, company, association, joint-stock association, or governmental entity. (5) Organization designation authorization; oda .—
“Organization Designation Authorization” applies in that section
The term “Organization Designation Authorization” or “ODA” means an authorization by the FAA under section 44702(d) for an organization composed of 1 or more ODA units to perform approved functions on behalf of the FAA. (d) Audits.— (1) In general .— The Administrator shall perform a periodic audit of each ODA unit and its procedures. (2) Duration .— An audit required under paragraph (1) shall be performed with respect to an ODA holder once every 7 years (or more frequently as determined appropriate by the Administrator).
“covered helicopter” applies in that section
the term “covered helicopter” means a helicopter not otherwise required to comply with section 27.952, section 27.963, and section 27.975, or section 29.952, section 29.963, and section 29.975 of title 14, Code of Federal Regulations as in effect on the date of enactment of this section for which manufacture was completed, as determined by the Administrator, on or after the date that is 18 months after the date of enactment of this section.
“transport airplane” applies throughout its chapter
The term “transport airplane” means a transport category airplane designed for operation by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative of such an airplane. (j) Authorization of Appropriations .— There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2021 through 2028.
“interference” applies in that section
the term “interference” means— (A) blatant or egregious statements or behavior, such as harassment, beratement, or threats, that a reasonable person would conclude was intended to improperly influence or prejudice an ODA unit member’s performance of his or her duties; or (B) the presence of non-ODA unit duties or activities that conflict with the performance of authorized functions by ODA unit members.
“transport airplane” applies in that section
the term “transport airplane” means a transport category airplane designed for operation by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative of such an airplane.
“Boeing 737 MAX aircraft” applies in that section
The term “Boeing 737 MAX aircraft” means any— (A) Model 737 series aircraft designated as a 737-7, 737-8, 737-8200, 737-9, or 737-10; or (B) other variant of a model described in subparagraph (A). (2) Safety enhancement .—
“safety enhancement” applies in that section
The term “safety enhancement” means any design change to the flight crew alerting system approved by the Administrator for the Boeing 737-10, including— (A) a— (i) synthetic enhanced angle-of-attack system; and (ii) means to shut off stall warning and overspeed alerts; or (B) any design changes equivalent to subparagraph (A) determined appropriate by the Administrator.
“covered airport” applies in that section
The term “covered airport” means an airport in Alaska or a covered location that is included in the national plan of integrated airport systems required under section 47103 and that has a status other than unclassified in such plan. (2) Covered automated weather system .—
“covered automated weather system” applies in that section
The term “covered automated weather system” means an automated or visual weather reporting facility that enables a pilot to begin an instrument procedure approach to an airport under section 91.1039 or 135.225 of title 14, Code of Federal Regulations. (3) Covered location .—
“covered location” applies in that section
The term “covered location” means Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands. (l) Conformity .— The Administrator shall conduct all activities required under this section in conformity with section 44720.
“applicable aircraft” applies in that section
the term “applicable aircraft” means an aircraft manufactured on or after January 1, 2028 , that is— (1) operated under part 121 of title 14, Code of Federal Regulations; (2) required by regulation to have a cockpit voice recorder and a flight data recorder; and (3) used in extended overwater operations.
“actively tethered unmanned aircraft system” applies throughout its chapter
The term “actively tethered unmanned aircraft system” means an unmanned aircraft system in which the unmanned aircraft component— (A) weighs 55 pounds or less, including payload but not including the tether; (B) is physically attached to a ground station with a taut, appropriately load-rated tether that provides continuous power to the unmanned aircraft and is unlikely to be separated from the unmanned aircraft; (C) is controlled and retrieved by such ground station through physical manipulation of the tether; (D) is able to maintain safe flight control in the event of a power or flight control failure during flight; and (E) is programmed to initiate a controlled landing in the event of a …
“appropriate committees of Congress” applies throughout its chapter
The term “appropriate committees of Congress” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (3) Arctic .—
“Arctic” applies throughout its chapter
The term “Arctic” means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain. (4) Certificate of waiver; certificate of authorization .—
“certificate of authorization” applies throughout its chapter
The terms “certificate of waiver” and “certificate of authorization” mean a Federal Aviation Administration grant of approval for a specific flight operation. (5) Counter-UAS system .—
“certificate of waiver” applies throughout its chapter
The terms “certificate of waiver” and “certificate of authorization” mean a Federal Aviation Administration grant of approval for a specific flight operation. (5) Counter-UAS system .—
“counter-UAS system” applies throughout its chapter
The term “counter-UAS system” means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an unmanned aircraft or unmanned aircraft system. (6) Permanent areas .—
“permanent areas” applies throughout its chapter
The term “permanent areas” means areas on land or water that provide for launch, recovery, and operation of small unmanned aircraft. (7) Public unmanned aircraft system .—
“public unmanned aircraft system” applies throughout its chapter
The term “public unmanned aircraft system” means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft. (8) Sense and avoid capability .—
“sense and avoid capability” applies throughout its chapter
The term “sense and avoid capability” means the capability of an unmanned aircraft to remain a safe distance from and to avoid collisions with other airborne aircraft, structures on the ground, and other objects. (9) Small unmanned aircraft .—
“small unmanned aircraft” applies throughout its chapter
The term “small unmanned aircraft” means an unmanned aircraft weighing less than 55 pounds, including the weight of anything attached to or carried by the aircraft. (10) Test range .—
“test range” applies throughout its chapter
The term “test range” means a defined geographic area where research and development are conducted as authorized by the Administrator of the Federal Aviation Administration, and includes the test ranges designated by the Administrator under section 44803. (11) Unmanned aircraft .—
“unmanned aircraft” applies throughout its chapter
The term “unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. (12) Unmanned aircraft system .—
“unmanned aircraft system” applies throughout its chapter
The term “unmanned aircraft system” means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system. (13) UTM .—
“UTM” applies throughout its chapter
The term “UTM” means an unmanned aircraft system traffic management system or service.”
“public safety organization” applies in that section
the term “public safety organization” means an entity that primarily engages in activities related to the safety and well-being of the general public, including law enforcement, fire departments, emergency medical services, and other organizations that protect and serve the public in matters of safety and security.
“community-based organization” applies in that section
the term “community-based organization” means a membership-based association entity that— (1) is recognized by the Administrator of the Federal Aviation Administration; (2) is described in section 501(c)(3) of the Internal Revenue Code of 1986; (3) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986; (4) the mission of which is demonstrably the furtherance of model aviation; (5) provides a comprehensive set of safety guidelines for all aspects of model aviation addressing the assembly and operation of model aircraft and that emphasize safe aeromodelling operations within the national airspace system and the protection and safety of individuals and property on the …
“advanced imaging technology” applies in that section
The term “advanced imaging technology”— (i) means a device used in the screening of passengers that creates a visual image of an individual showing the surface of the skin and revealing other objects on the body; and (ii) may include devices using backscatter x-rays or millimeter waves and devices referred to as “whole-body imaging technology” or “body scanning machines”. (B) Appropriate congressional committees .—
“appropriate congressional committees” applies in that section
The term “appropriate congressional committees” means— (i) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) the Committee on Homeland Security of the House of Representatives. (C) Automatic target recognition software .—
“automatic target recognition software” applies in that section
The term “automatic target recognition software” means software installed on an advanced imaging technology that produces a generic image of the individual being screened that is the same as the images produced for all other screened individuals. (2) Use of advanced imaging technology .— The Administrator of the Transportation Security Administration shall ensure that any advanced imaging technology used for the screening of passengers under this section— (A) is equipped with and employs automatic target recognition software; and (B) complies with such other requirements as the Administrator determines necessary to address privacy considerations.
“aviation security preclearance agreement” applies in that section
the term “aviation security preclearance agreement” means an agreement that delineates and implements security standards and protocols that are determined by the Administrator of the Transportation Security Administration, in coordination with U.S. Customs and Border Protection, to be comparable to those of the United States and therefore sufficiently effective to enable passengers to deplane into sterile areas of airports in the United States.
“screening” applies in that section
the term “screening” means a physical examination or non-intrusive methods of assessing whether cargo poses a threat to transportation security. Methods of screening include x-ray systems, explosives detection systems, explosives trace detection, explosives detection canine teams certified by the Transportation Security Administration, or a physical search together with manifest verification. The Administrator may approve additional methods to ensure that the cargo does not pose a threat to transportation security and to assist in meeting the requirements of this subsection.
“Administrator” applies in that section
The term “Administrator” means the Administrator of the Transportation Security Administration. (2) Law enforcement personnel .—
“armed forces” applies in that section
the term “armed forces” has the meaning given that term by section 101(a)(4) of title 10 . (m) Security Screening for Members of the Armed Forces.— (1) In general .— The Administrator, in consultation with the Department of Defense, shall develop and implement a plan to provide expedited security screening services for a member of the armed forces, and, to the extent possible, any accompanying family member, if the member of the armed forces, while in uniform, presents documentation indicating official orders for air transportation departing from a primary airport (as defined in section 47102).
“biometric identifier” applies in that section
The term “biometric identifier” means a technology that enables the automated identification, or verification of the identity, of an individual based on biometric information. (C) Failure to enroll .—
“biometric identifier information” applies in that section
The term “biometric identifier information” means the distinct physical or behavioral characteristics of an individual that are used for unique identification, or verification of the identity, of an individual. (B) Biometric identifier .—
“detainee” applies in that section
the term “detainee” means an individual in the custody or under the physical control of the United States as a result of armed conflict. (D) Screening of employees against watchlist .— The Administrator, in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall ensure that individuals are screened against all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government before— (i) being certificated by the Federal Aviation Administration; (ii) being granted unescorted access to the secure area of an airport; or (iii) being granted unescorted access to the air operations area (as …
“failure to enroll” applies in that section
The term “failure to enroll” means the inability of an individual to enroll in a biometric identifier system due to an insufficiently distinctive biometric sample, the lack of a body part necessary to provide the biometric sample, a system design that makes it difficult to provide consistent biometric identifier information, or other factors. (D) False match .—
“false match” applies in that section
The term “false match” means the incorrect matching of one individual’s biometric identifier information to another individual’s biometric identifier information by a biometric identifier system. (E) False non-match .—
“false non-match” applies in that section
The term “false non-match” means the rejection of a valid identity by a biometric identifier system. (F) Secure area of an airport .—
“law enforcement personnel” applies in that section
The term “law enforcement personnel” means individuals— (A) authorized to carry and use firearms; (B) vested with the degree of the police power of arrest the Administrator considers necessary to carry out this section; and (C) identifiable by appropriate indicia of authority. (b) Protection Against Violence and Piracy .— The Administrator shall prescribe regulations to protect passengers and property on an aircraft operating in air transportation or intrastate air transportation against an act of criminal violence or aircraft piracy.
“secure area of an airport” applies in that section
The term “secure area of an airport” means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).
“sterile area” applies in that section
the term “sterile area” has the meaning given that term in section 1540.5 of title 49, Code of Federal Regulations (or any corresponding similar regulation or ruling).
“Administrator” applies in that section
the term “Administrator” means the Administrator of the Transportation Security Administration.
“Administrator” applies in that section
the term “Administrator” means the Administrator of the Transportation Security Administration.
“Administrator” applies in that section
The term “Administrator” means the Administrator of the Transportation Security Administration. (2) Air transportation .—
“air transportation” applies in that section
The term “air transportation” includes all-cargo air transportation. (3) Firearms training facility .—
“firearms training facility” applies in that section
The term “firearms training facility” means a private or government-owned gun range approved by the Administrator to provide recurrent or requalification training, as applicable, for the program, utilizing a Transportation Security Administration-approved contractor and a curriculum developed and approved by the Transportation Security Administration. (4) Pilot .—
“pilot” applies in that section
The term “pilot” means an individual who has final authority and responsibility for the operation and safety of the flight or any other flight deck crew member.
“sponsor” applies in that section
the term “sponsor” has the meaning given that term in section 47102. (g) Applicability of Certain Requirements .— The requirements that apply to grants and letters of intent issued under chapter 471 (other than section 47102(3)) shall apply to grants and letters of intent issued under this section. (h) Aviation Security Capital Fund.— (1) In general .— There is established within the Department of Homeland Security a fund to be known as the Aviation Security Capital Fund. The first $250,000,000 derived from fees received under section 44940(a)(1) in each of fiscal years 2004 through 2028 shall be available to be deposited in the Fund.
“Administrator” applies in that section
the term “Administrator” means the Administrator of the Transportation Security Administration.
“Administrator” applies in that section
the term “Administrator” means the Administrator of the Transportation Security Administration.
“training” applies in that section
the term “training” means training received from an instructor in an aircraft or aircraft simulator and does not include recurrent training, ground training, or demonstration flights for marketing purposes. (f) Nonapplicability to Certain Foreign Military Pilots .— The procedures and processes required by subsections (a) through (d) shall not apply to a foreign military pilot endorsed by the Department of Defense for flight training in the United States and seeking training described in subsection (e) in the United States.