Res Communis

S. 1454: A bill to provide for adequate oversight and inspection by the Federal Aviation Administration of individuals who perform maintenance work on United States commercial aircraft and of foreign repair stations that perform such work, and for other purposes.

by P.J. Blount with the blog faculty

S. 1454: A bill to provide for adequate oversight and inspection by the Federal Aviation Administration of individuals who perform maintenance work on United States commercial aircraft and of foreign repair stations that perform such work, and for other purposes was introduced on July 14, 2009 by Sen. Claire McCaskill (D-MO):

S 1454 IS

111th CONGRESS

1st Session

S. 1454

To provide for adequate oversight and inspection by the Federal Aviation Administration of individuals who perform maintenance work on United States commercial aircraft and of foreign repair stations that perform such work, and for other purposes.

IN THE SENATE OF THE UNITED STATES

July 14, 2009

Mrs. MCCASKILL introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To provide for adequate oversight and inspection by the Federal Aviation Administration of individuals who perform maintenance work on United States commercial aircraft and of foreign repair stations that perform such work, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Safe Aviation Facilities Ensure Aircraft Integrity and Reliability Act of 2009’ or the ‘SAFE AIR Act of 2009’.

SEC. 2. DEFINITIONS.

In this Act:

(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Federal Aviation Administration.

(2) AIR CARRIER- The term ‘air carrier’ has the meaning given that term in section 40102(a) of title 49, United States Code.

(3) AIR TRANSPORTATION- The term ‘air transportation’ has the meaning given that term in such section 40102(a).

(4) AIRCRAFT- The term ‘aircraft’ has the meaning given that term in such section 40102(a).

(5) COVERED MAINTENANCE WORK- The term ‘covered maintenance work’ means maintenance work that is substantial, scheduled, or a required inspection item, as determined by the Administrator.

(6) PART 121 AIR CARRIER- The term ‘part 121 air carrier’ means an air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations (or any successor regulation).

(7) PART 145 REPAIR STATION- The term ‘part 145 repair station’ means a repair station that holds a certificate under part 145 of title 14, Code of Federal Regulations (or any successor regulation).

(8) UNITED STATES COMMERCIAL AIRCRAFT- The term ‘United States commercial aircraft’ means an aircraft registered in the United States and owned or leased by an air carrier to be used for air commerce (as defined in section 40102(a) of title 49, United States Code).

SEC. 3. ENHANCED OVERSIGHT AND INSPECTION OF REPAIR STATIONS AND MAINTENANCE WORK.

(a) Oversight and Inspection of Repair Stations and Maintenance Work-

(1) IN GENERAL- Chapter 447 of title 49, United States Code, is amended by adding at the end the following:

‘SEC. 44730. OVERSIGHT AND INSPECTION OF REPAIR STATIONS AND MAINTENANCE WORK.

‘(a) Definitions- In this section:

‘(1) COVERED MAINTENANCE WORK- The term ‘covered maintenance work’ means maintenance work that is substantial, scheduled, or a required inspection item, as determined by the Administrator.

‘(2) FOREIGN REPAIR STATION- The term ‘foreign repair station’ has the meaning of that term used in section 44924.

‘(3) PART 121 AIR CARRIER- The term ‘part 121 air carrier’ means an air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations (or any successor regulation).

‘(4) PART 145 REPAIR STATION- The term ‘part 145 repair station’ means a repair station that holds a certificate under part 145 of title 14, Code of Federal Regulations (or any successor regulation).

‘(5) UNITED STATES COMMERCIAL AIRCRAFT- The term ‘United States commercial aircraft’ means an aircraft registered in the United States and owned or leased by an air carrier to be used for air commerce.

‘(b) Performance of Maintenance Work by Certain Individuals-

‘(1) IN GENERAL- Not later than 3 years after the date of the enactment of this section, the Administrator of the Federal Aviation Administration shall issue regulations requiring that all covered maintenance work on aircraft used by part 121 air carriers to provide air transportation be performed by individuals described in paragraph (2).

‘(2) INDIVIDUALS DESCRIBED- An individual described in this paragraph is–

‘(A) an individual employed by the part 121 air carrier for which covered maintenance work is performed;

‘(B) an individual employed by another part 121 air carrier;

‘(C) an individual employed by a part 145 repair station; or

‘(D) an individual employed by a person that provides contract maintenance workers to a part 145 repair station or a part 121 air carrier, if the individual–

‘(i) meets the requirements for individuals employed by the repair station or air carrier, as the case may be;

‘(ii) works under the direct supervision and control of the repair station or air carrier, as the case may be; and

‘(iii) carries out the covered maintenance work in accordance with the maintenance manual of the part 121 air carrier for which the work is performed and, if applicable, the maintenance and quality control manuals of the part 145 repair station.

‘(c) Certification of Inspection of Foreign Repair Stations- Not later than 2 years after the date of the enactment of this section, and annually thereafter, the Administrator shall certify to Congress that–

‘(1) each certified foreign repair station that performs covered maintenance work on an aircraft or a component of an aircraft for a part 121 air carrier has been inspected not fewer than 2 times in the preceding calendar year by an aviation safety inspector of the Federal Aviation Administration; and

‘(2) not fewer than 1 of the inspections required by paragraph (1) for each certified foreign repair station was carried out at the repair station without any advance notice to the foreign repair station.

‘(d) Drug and Alcohol Testing of Foreign Repair Station Personnel- Not later than 1 year after the date of the enactment of this section, the Administrator shall modify the certification requirements under part 145 of title 14, Code of Federal Regulations, to include testing for the use of alcohol or a controlled substance in accordance with section 45102 of this title of any individual employed by a foreign repair station and performing a safety-sensitive function on a United States commercial aircraft for a foreign repair station.’.

(2) CLERICAL AMENDMENT- The table of section for chapter 447 of title 49, United States Code, is amended by adding at the end the following:

‘44730. Oversight and inspection of repair stations and maintenance work.’.

(b) Temporary Plan for Identification and Oversight of Certain Repair Facilities-

(1) IN GENERAL- The Administrator shall develop a plan–

(A) to require each part 121 air carrier to identify and submit to the Administrator a complete list of all maintenance providers (other than part 145 repair stations or part 121 air carriers) that perform covered maintenance work on United States commercial aircraft used by the part 121 air carrier to provide air transportation;

(B) to verify each list submitted by a part 121 air carrier under subparagraph (A) by against the records of the air carrier, such as maintenance activity reports and general vendor listings; and

(C) to carry out surveillance and oversight by field inspectors of the Federal Aviation Administration of all maintenance providers identified in a list submitted under subparagraph (A).

(2) REPORT ON PLAN- Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to Congress a report that contains the plan required by paragraph (1).

(3) IMPLEMENTATION OF PLAN- Beginning not later than the date that is 1 year after the date of the enactment of this Act and ending on the date on which regulations issued under section 44730(b) of title 49, United States Code, as added by subsection (a), are implemented, the Administrator shall carry out the plan required by paragraph (1).

(4) ANNUAL REPORT ON IMPLEMENTATION- Not later than 180 days after the commencement of the plan under paragraph (3) and annually thereafter until the regulations described in that paragraph are implemented, the Administrator shall submit to Congress a report on the implementation of the plan required by paragraph (1).

SEC. 4. REGULATION OF FOREIGN REPAIR STATIONS FOR SECURITY.

(a) In General- Section 44924 of title 49, United States Code, is amended by adding at the end the following:

‘(h) Compliance of Foreign Repair Stations With Security Regulations-

‘(1) PROHIBITION ON CERTIFICATION OF FOREIGN REPAIR STATIONS THAT DO NOT COMPLY WITH SECURITY REGULATIONS- The Administrator may not certify or recertify a foreign repair station under part 145 of title 14, Code of Federal Regulations, unless the foreign repair station is in compliance with all applicable final security regulations prescribed under subsection (f).

‘(2) NOTIFICATION TO AIR CARRIERS OF NONCOMPLIANCE BY FOREIGN REPAIR STATIONS- If the Under Secretary is aware that a foreign repair station is not in compliance with a security regulation or that a security issue or vulnerability has been identified with respect to the foreign repair station in a security review or audit required under subsection (a) or any regulation prescribed under subsection (f), the Under Secretary shall provide notice to each air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations, of such noncompliance or security issue or vulnerability.’.

(b) Update of Foreign Repair Fee Schedule-

(1) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Administrator shall revise the methodology for computation of fees for certification services performed outside the United States under part 187 of title 14, Code of Federal Regulations, to cover fully the costs to the Federal Aviation Administration of providing such certification services, including–

(A) the costs of all related inspection services;

(B) all travel expenses, salaries, and employment benefits of inspectors who provide such services; and

(C) any increased costs to the Administration resulting from requirements of this Act.

(2) UPDATES- The Administrator shall periodically revise the methodology described in paragraph (1) to account for subsequent changes in the costs to the Administration of providing certification services.

SEC. 5. ANNUAL REPORT BY INSPECTOR GENERAL.

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Inspector General of the Department of Transportation shall submit to Congress a report on the implementation of–

(1) section 44730 of title 49, United States Code, as added by section 3(a) of this Act;

(2) the plan required under section 3(b) of this Act;

(3) subsection (h) of section 44924 of title 49, United States Code, as added by section 4(a) of this Act;

(4) the revised methodology required under section 4(b) of this Act; and

(5) any regulations issued or revised pursuant to this Act.

S. 1451: A bill to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide for modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes.

by P.J. Blount with the blog faculty

S. 1451: A bill to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide for modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes was introduced on July 14, 2009 by Sen. John Rockefeller (D-WV).