US Codex
Pub. L.
Notes

Title VIII — General Aviation

118th Congress · Approved May 16, 2024 · 138 Stat. 1025 · Lineage

TITLE VIII General Aviation

SEC. 801. Reexamination of Pilots or Certificate Holders.

The Pilot’s Bill of Rights (Public Law 112–153) is amended by adding at the end the following:

“SEC. 5. REEXAMINATION OF AN AIRMAN CERTIFICATE.

“(a) In General.—The Administrator shall provide timely, written notification to an individual subject to a reexamination of an airman certificate issued under chapter 447 of title 49, United States Code.

“(b) Information Required.—In providing notification under subsection (a), the Administrator shall inform the individual—

“(1) of the nature of the reexamination and the specific activity on which the reexamination is necessitated;

“(2) that the reexamination shall occur within 1 year from the date of the notice provided by the Administrator, however, if the reexamination is not conducted within 30 days, the Administrator may restrict passenger carrying operations;

“(3) that if such reexamination is not conducted after 1 year from date of notice, the airman certificate of the individual may be suspended or revoked; and

“(4) when, as determined by the Administrator, an oral or written response to the notification from the Administrator is not required.

“(c) Exception.—Nothing in this section prohibits the Administrator from reexamining a certificate holder if the Administrator has reasonable grounds—

“(1) to establish that an airman may not be qualified to exercise the privileges of a certificate or rating based upon an act or omission committed by the airman while exercising such privileges or performing ancillary duties associated with the exercise of such privileges; or

“(2) to demonstrate that the airman obtained such a certificate or rating through fraudulent means or through an examination that was inadequate to establish the qualifications of an airman.

“(d) Standard of Review.—An order issued by the Administrator to amend, modify, suspend, or revoke an airman certificate after reexamination of the airman is subject to the standard of review provided for under section 2 of this Act.”

SEC. 802. Gao Review of Pilot’s Bill of Rights.

(a)
In General.— Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a study of the implementation of the Pilot’s Bill of Rights.
(b)
Contents.— In conducting the study under subsection (a), the Comptroller General shall review—
(1)
the implementation and application of the Pilot’s Bill of Rights;
(2)
the application of the Federal Rules of Civil Procedure and the Federal Rules of Evidence to covered proceedings by the National Transportation Safety Board, as required by section 2 of the Pilot’s Bill of Rights;
(3)
the appeal process and the typical length of time associated with a final determination in a covered proceeding; and
(4)
any impacts of the implementation of the Pilot’s Bill of Rights.
(c)
Definitions.— In this section:
(1)
Covered proceeding.— The term “covered proceeding” means a proceeding conducted under subpart C, D, or F of part 821 of title 49, Code of Federal Regulations, relating to denial, amendment, modification, suspension, or revocation of an airman certificate.
(2)
Pilot’s bill of rights.— The term “Pilot’s Bill of Rights” means the Pilot’s Bill of Rights (Public Law 112–153).

SEC. 803. Data Privacy.

(a)
In General.— Chapter 441 of title 49, United States Code, is amended by adding at the end the following:

Ҥ 44114. Privacy

“(a) In General.—Notwithstanding any other provision of law, including section 552(b)(3) of title 5, the Administrator of the Federal Aviation Administration shall establish and update as necessary a process by which, upon request of a private aircraft owner or operator, the Administrator withholds the registration number and other similar identifiable data or information, except for physical markings required by law, of the aircraft of the owner or operator from any broad dissemination or display (except in furnished data or information made available to or from a Government agency pursuant to a government contract, subcontract, or agreement, including for traffic management purposes) for the noncommercial flights of the owner or operator.

“(b) Withholding Personally Identifiable Information on the Aircraft Registry.—Not later than 2 years after the enactment of this Act and notwithstanding any other provision of law, including section 552(b)(3) of title 5, the Administrator shall establish a procedure by which, upon request of a private aircraft owner or operator, the Administrator shall withhold from broad dissemination or display by the FAA (except in furnished data or information made available to or from a Government agency pursuant to a government contract, subcontract, or agreement, including for traffic management purposes) the personally identifiable information of such individual, including on a publicly available website of the FAA.

“(c) ICAO Aircraft Identification Code.—

“(1) In general.—The Administrator shall establish a program for aircraft owners and operators to apply for a new ICAO aircraft identification code.

“(2) Limitations.—In carrying out the program described in paragraph (1), the Administrator shall require—

“(A) each applicant to attest to a safety or security need in applying for a new ICAO aircraft identification code; and

“(B) each approved applicant who obtains a new ICAO aircraft identification code to comply with all applicable aspects of, or related to, part 45 of title 14, Code of Federal Regulations, including updating an aircraft’s registration number and N–Number to reflect such aircraft’s new ICAO aircraft identification code.

“(d) Definitions.—In this section:

“(1) ADS–B.—The term ‘ADS–B’ means automatic dependent surveillance-broadcast.

“(2) ICAO.—The term ‘ICAO’ means the International Civil Aviation Organization.

“(3) Personally identifiable information.—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

“(C) the telephone number of an individual.

“(D) the names of the aircraft owner or operator, if the owner or operator is an individual.”

(b)
Clerical Amendment.— The analysis for chapter 441 of title 49, United States Code, is amended by adding at the end the following:

“44114. Privacy.”.

(c)
Conforming Amendment.— Section 566 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44103 note) and the item relating to such section in the table of contents under section 1(b) of such Act are repealed.

SEC. 804. Accountability for Aircraft Registration Numbers.

(a)
In General.— Not later than 180 days after the date of enactment of this Act, the Administrator shall initiate a review of the process for reserving aircraft registration numbers to ensure that such process offers an equal opportunity for members of the general public to obtain specific aircraft registration numbers.
(b)
Assessment.— In conducting the review under subsection (a), the Administrator shall assess the following:
(1)
Whether the use of readily available software to prevent computer or web-based auto-fill systems from reserving aircraft registration numbers in bulk would improve participation in the reservation process by the general public.
(2)
Whether a limit should be imposed on the number of consecutive years a person may reserve an aircraft registration number.
(c)
Briefing.— Not later than 18 months after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the review conducted under subsection (a), including any recommendations of the Administrator to improve equal participation in the process for reserving aircraft registration numbers by the general public.

SEC. 805. Timely Resolution of Investigations.

(a)
In General.— Not later than 2 years after the date of issuance of a letter of investigation to any person, as required by section 2(b) of the Pilot’s Bill of Rights (49 U.S.C. 44703 note), the Administrator shall—
(1)
make a determination regarding such investigation and pursue subsequent action; or
(2)
close such investigation.
(b)
Extension.—
(1)
In general.— If, upon review of the facts and status of an investigation described in subsection (a), the Administrator determines that the time provided to make a final determination or close such investigation is insufficient, the Administrator shall approve an extension of such investigation for 2 years.
(2)
Additional extensions.— The Administrator may approve consecutive extensions under paragraph (1).
(c)
Delegation.— The Administrator may not delegate the authority to approve an extension described in subsection (b) to anyone other than the leadership of the Administration as described in section 106(b) of title 49, United States Code.

SEC. 806. All Makes and Models Authorization.

(a)
In General.—
(1)
Unlimited letter of authorization.— Not later than 1 year after the date of enactment of this Act, the Administrator shall take such action as may be necessary to allow for the issuance of letters of authorizations to airmen with the authorization for—
(A)
all types and makes of experimental high–performance single engine piston powered aircraft; and
(B)
all types and makes of experimental high–performance multiengine piston powered aircraft.
(2)
Requirements.— An individual who holds a letter of authorization and applies for an authorization described in paragraph (1)(A) or (1)(B)—
(A)
shall be given an all-makes and models authorization of—
(i)
experimental single–engine piston powered authorized aircraft; or
(ii)
experimental multiengine piston powered authorized aircraft;
(B)
shall hold the appropriate category and class rating for the authorized aircraft;
(C)
shall hold 3 experimental aircraft authorizations in aircraft of the same category and class rating for the authorization sought; and
(D)
may become qualified in additional experimental aircraft by completing aircraft-specific ground and flight training.
(b)
Rule of Construction.— Nothing in this section may be construed to disallow an individual from being given both an authorization described in paragraph (1)(A) and an authorization described in paragraph (1)(B).
(c)
Failure to Comply.—
(1)
In general.— If the Administrator fails to implement subsection (a) within the time period prescribed in such subsection, the Administrator shall brief the appropriate committees of Congress on the status of the implementation of such subsection on a monthly basis until the implementation is complete.
(2)
No delegation.— The Administrator may not delegate the briefing described in paragraph (1).

SEC. 807. Response to Letter of Investigation.

Section 2(b) of the Pilot’s Bill of Rights (49 U.S.C. 44703 note) is amended by adding at the end the following:

“(6) Response to letter of investigation.—

“(A) In general.—If an individual decides to respond to a Letter of Investigation described in paragraph (2)(B), such individual may respond not later than 30 days after receipt of such Letter, including providing written comments on the incident to the investigating office.

“(B) Construction.—Nothing in this paragraph shall be construed to diminish the authority of the Administrator (as of the day before the date of enactment of the FAA Reauthorization Act of 2024) to take emergency action relating to an airman certificate.”

SEC. 808. Ads–b Out Equipage Study; Vehicle-To-Vehicle Link Program.

(a)
Study and Briefing on ADS–B Out Equipage.—
(1)
Study.— Not later than 90 days after the date of enactment of this Act, the Administrator shall initiate a study to determine—
(A)
the number of aircraft registered in the United States, and any other aerial vehicles operating in the airspace of the United States, that are not equipped with Automatic Dependent Surveillance–Broadcast out equipment (in this section referred to as “ADS–B out”);
(B)
the requirements for, and impact of, expanding the dual-link architecture that is used below an altitude of flight level 180;
(C)
the costs and benefits of equipage of ADS–B out;
(D)
the costs and benefits of any accommodation made for aircraft with inoperable ADS–B out;
(E)
reasons why aircraft owners choose not to equip or use an aircraft with ADS–B out; and
(F)
ways to further incentivize aircraft owners to equip and use aircraft with ADS–B out.
(2)
Briefing.— Not later than 1 year after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the results of the study conducted under paragraph (1).
(b)
Vehicle-to-vehicle Link Program.— Not later than 270 days after the date of enactment of this Act, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration and the Chair of the Federal Communications Commission, shall establish an interagency coordination program to advance vehicle-to-vehicle link initiatives that—
(1)
enable the real-time digital exchange of key information between nearby aircraft; and
(2)
are not reliant on ground infrastructure or air-to-ground communication links.

SEC. 809. Ensuring Safe Landings During Off-Airport Operations.

The Administrator shall not apply section 91.119 of title 14, Code of Federal Regulations, in any manner that requires a pilot to continue a landing that is unsafe.

SEC. 810. Development of Low-Cost Voluntary Ads–b.

(a)
In General.— Not later than 2 years after the date of enactment of this Act, the Administrator shall prepare a report on the development of a suitable position reporting system for voluntary use in covered airspace to facilitate traffic awareness.
(b)
Technical Advice.— In preparing the report under subsection (a), the Administrator shall solicit technical advice from representatives from—
(1)
industry groups, including pilots, aircraft owners, avionics manufacturers; and
(2)
any others determined necessary by the Administrator.
(c)
Requirements.— In preparing the report under subsection (a), the Administrator shall—
(1)
research and catalog domestic and international equipment, standards, and systems analogous to ADS–B available as of the date on which the report is completed;
(2)
address strengths and weaknesses of such equipment, standards, and systems, including with respect to cost;
(3)
to enable the development and voluntary use of portable, installed, low-cost position reporting systems for use in covered airspace—
(A)
provide recommendations on any regulatory and procedural changes to be taken by the Administrator or other Federal entities; and
(B)
describe any equipment, standards, and systems that may need to be developed with respect to such reporting systems;
(4)
determine market size, development costs, and barriers that may need to be overcome for the development of technology that enables such position reporting systems in covered airspace; and
(5)
include a communication strategy that—
(A)
targets potential users of such position reporting systems as soon as such technology is available for commercial use; and
(B)
promotes the benefits of the voluntary use in covered airspace of position reporting systems to enhance traffic awareness.
(d)
Report to Congress.— Not later than 30 days after the date on which the report prepared under subsection (a) is finalized, the Administrator shall submit to the appropriate committees of Congress the report prepared under subsection (a).
(e)
Definitions.— In this section:
(1)
Covered airspace.— The term “covered airspace” means airspace for which the use of ADS–B out equipment on an aircraft is not required under section 91.225 of title 14, Code of Federal Regulations,
(2)
ADS–B.— The term “ADS–B” means Automatic Dependent Surveillance–Broadcast.

SEC. 811. Airshow Safety Team.

(a)
In General.— Not later than 180 days after the date of enactment of this Act, the Administrator may, as determined necessary by the Administration, coordinate with the General Aviation Joint Safety Committee to establish an Airshow Safety Team focused on airshow and aerial event safety.
(b)
Objective.— The objective of the Airshow Safety Team described in subsection (a) shall be to—
(1)
serve as a mechanism for Federal Government and industry cooperation, communication, and coordination on airshow and aerial event safety; and
(2)
reduce airshow and aerial event accidents and incidents through non-regulatory, proactive safety strategies.
(c)
Activities.— In carrying out the objectives pursuant to subsection (b), the Airshow Safety Team shall, at a minimum—
(1)
perform an analysis of airshow and aerial event accidents and incidents in conjunction with the Safety Analysis Team;
(2)
publish and update every 2 years after initial publication an Airshow Safety Plan that incorporates consensus based and data driven mitigation measures and non-regulatory safety strategies to improve and promote safety of the public, performers, and airport personnel; and
(3)
engage the airshow and aerial event community to—
(A)
communicate non-regulatory, proactive safety strategies identified by the Airshow Safety Plan to mitigate incidents; and
(B)
discuss best practices to uphold and maintain safety at events.
(d)
Membership.— The Administrator may request the Airshow Safety Team be comprised of at least 10 individuals, each of whom shall have knowledge or a background in the planning, execution, operation, or management of an airshow or aerial event.
(e)
Meetings.— The Airshow Safety Team shall meet at least twice a year at the direction of the co-chairs of the General Aviation Joint Safety Committee.
(f)
Construction.— Nothing in this section shall be construed to require an amendment to the charter of the General Aviation Joint Safety Committee.

SEC. 812. Aircraft Registration Validity During Renewal.

(a)
In General.— Section 44103 of title 49, United States Code, is amended by adding at the end the following:

“(e) Validity of Aircraft Registration During Renewal.—

“(1) In general.—An aircraft may be operated on or after the expiration date found on the certificate of registration issued for such aircraft under this section as if it were not expired if the operator of such aircraft has aboard the aircraft—

“(A) documentation validating that—

“(i) an aircraft registration renewal application form (AC Form 8050–1B, or a succeeding form) has been submitted to the Administrator for such aircraft but not yet approved or denied; and

“(ii) such aircraft is compliant with maintenance, inspections, and any other requirements for the aircraft’s airworthiness certificate issued under section 44704(d); and

“(B) the most recent aircraft registration.

“(2) Proof of pending renewal application.—The Administrator shall provide an applicant for renewal of registration under this section with documentation described in paragraph (1)(A). Such documentation shall—

“(A) be made electronically available to the applicant immediately upon submitting an aircraft registration renewal application to the Civil Aviation Registry for an aircraft;

“(B) notify the applicant of the operational allowance described in paragraph (1);

“(C) deem an aircraft’s airworthiness certificate issued under section 44704(d) as valid provided that the applicant confirms acknowledgment of the requirements of paragraph (1)(A)(ii);

“(D) confirm the applicant acknowledged the limitations described in paragraph (3)(A) and (3)(B); and

“(E) include identifying information pertaining to such aircraft and to the registered owner.

“(3) Rule of construction.—Nothing in this subsection shall be construed to permit any person to operate an aircraft—

“(A) with an expired registration, except as specifically provided for under this subsection; or

“(B) if the Administrator has denied an application to renew the registration of such aircraft.”

(b)
Rulemaking; Guidance.— Not later than 36 months after the date of enactment of this Act, the Administrator shall issue a final rule, if necessary, and update all applicable guidance and policies to reflect the amendment made by this section.

SEC. 813. Temporary Airman Certificates.

Section 44703 of title 49, United States Code, is amended by adding at the end the following:

“(l) Temporary Airman Certificate.—An individual may obtain a temporary airman certificate from the Administrator after requesting a permanent replacement airman certificate issued under this section. A temporary airman certificate shall be—

“(1) made available—

“(A) electronically to the individual immediately upon submitting an online application for a replacement certificate to the Administrator; or

“(B) physically to the individual at a flight standards district office—

“(i) if the individual submits an online application for a replacement certificate; or

“(ii) if the individual applies for a permanent replacement certificate other than by online application and such application has been received by the Federal Aviation Administration; and

“(2) destroyed upon receipt of the permanent replacement airman certificate from the Administrator.”

SEC. 814. Letter of Deviation Authority.

(a)
In General.— A flight instructor, registered owner, lessor, or lessee of a covered aircraft shall not be required to obtain a letter of deviation authority from the Administrator to allow, conduct, or receive flight training, checking, and testing in such aircraft if—
(1)
the flight instructor is not providing both the training and the aircraft;
(2)
no person advertises or broadly offers the aircraft as available for flight training, checking, or testing; and
(3)
no person receives compensation for use of the aircraft for a specific flight during which flight training, checking, or testing was received, other than expenses for owning, operating, and maintaining the aircraft.
(b)
Covered Aircraft Defined.— In this section, the term “covered aircraft” means—
(1)
an experimental category aircraft;
(2)
a limited category aircraft; and
(3)
a primary category aircraft.

SEC. 815. Basicmed for Examiners Administering Tests or Proficiency Checks.

(a)
Equivalent Pilot-in-command Medical Requirements.— Notwithstanding section 61.23(a)(3)(iv) of title 14, Code of Federal Regulations, an examiner may administer a practical test or proficiency check if such examiner meets the medical qualification requirements under part 68 of title 14, Code of Federal Regulations, if the operation being conducted is in a covered aircraft, as such term is defined in section 2307(j) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44703 note).
(b)
Rulemaking.— Not later than 3 years after the date of enactment of this Act, the Administrator shall issue a final rule to update part 61 of title 14, Code of Federal Regulations, to implement the requirements under subsection (a), in addition to any related requirements the Administrator finds are in the interest of aviation safety.

SEC. 816. Designee Locator Tool Improvements.

Not later than 3 years after the date of enactment of this Act, the Administrator shall ensure that the designee locator search function of the public website of the Designee Management System of the Administration has the functionality to—
(1)
filter a search for an Aviation Medical Examiner (as described in section 183.21 of title 14, Code of Federal Regulations) by sex, if such information is available;
(2)
display credentials and aircraft qualifications of a designated pilot examiner (as described in section 183.23 of such title); and
(3)
display the scheduling availability of a designated pilot examiner (as described in section 183.23 of such title) to administer a test or proficiency check to an airman.

SEC. 817. Deadline to Eliminate Aircraft Registration Backlog.

Not later than 180 days after the date of enactment of this Act, the Administrator shall take such actions as may be necessary to reduce and maintain the aircraft registration and recordation backlog at the Civil Aviation Registry so that, on average, applications are processed not later than 10 business days after receipt.

SEC. 818. Part 135 Air Carrier Certificate Backlog.

(a)
In General.— The Administrator shall take such actions as may be necessary to achieve the goal of reducing the backlog of air carrier certificate applications under part 135 of title 14, Code of Federal Regulations, to—
(1)
not later than 1 year after the date of enactment of this Act, maintain an average application acceptance or rejection time of less than 60 days; and
(2)
not later than 2 years after the date of enactment of this Act, maintain an average application acceptance or rejection time of less than 30 days.
(b)
Measures.— In meeting the goal under subsection (a), the Administrator may—
(1)
assign, as appropriate, additional personnel or support staff, including on a temporary basis, to review, adjudicate, and approve applications;
(2)
improve and expand promotion of existing applicant resources which could improve the quality of applications submitted to decrease the need for Administration applicant coordination and communications; and
(3)
take into consideration any third-party entity that assisted in the preparation of an application for an air carrier certificate under part 135 of title 14, Code of Federal Regulations.
(c)
Congressional Briefing.— Beginning 6 months after the date of enactment of this Act, and not less than every 6 months thereafter until the Administrator complies with the requirements under subsection (a)(2), the Administrator shall provide a briefing to appropriate committees of Congress on the status of the backlog of air carrier certificate applications under part 135 of title 14, Code of Federal Regulations, any measures the Administrator has put in place under subsection (b).

SEC. 819. Enhancing Processes for Authorizing Aircraft for Service in Commuter and On-Demand Operations.

(a)
Establishment of Working Group.—
(1)
In general.— Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a part 135 aircraft conformity working group (in this section referred to as the “Working Group”).
(2)
Requirements.— The Working Group shall study methods and make recommendations to clarify requirements and standardize the process for conducting and completing aircraft conformity processes in a timely manner for existing operators and air carriers operating aircraft under part 135 and entering such aircraft into service.
(b)
Membership.— The Working Group shall be comprised of representatives of the FAA, existing operators and air carriers operating aircraft under part 135, associations or trade groups representing such operators or air carriers, and, as appropriate, labor groups representing employees of air carriers operating under part 135.
(c)
Duties.— The Working Group shall consider all aspects of the FAA processes as of the date of enactment of this Act for ensuring aircraft conformity and make recommendations to enhance such processes, including with respect to—
(1)
methodologies for air carriers and operators to document and attest to aircraft conformity in accordance with the requirements of part 135;
(2)
streamlined protocols for operators and air carriers operating aircraft under part 135 to add an aircraft that was listed on another part 135 certificate immediately prior to moving to a new air carrier or operator; and
(3)
changes to FAA policy and documentation necessary to implement the recommendations of the Working Group.
(d)
Congressional Briefing.— Not later than 1 year after the date on which the Administrator establishes the Working Group, the Administrator shall brief the appropriate committees of Congress on the progress made by the Working Group in carrying out the duties specified in subsection (c), recommendations of the Working Group, and the efforts of the Administrator to implement such recommendations.
(e)
Definition of Part 135.— In this section, the term “part 135” means part 135 of title 14, Code of Federal Regulations.

SEC. 820. Flight Instructor Certificates.

Not later than 18 months after the date of enactment of this Act, the Administrator shall issue a final rule for the rulemaking activity titled “Removal of the Expiration Date on a Flight Instructor Certificate”, published in Fall 2022 in the Unified Agenda of Federal Regulatory and Deregulatory Actions (RIN 2120–AL25) to, at a minimum, update part 61 of title 14, Code of Federal Regulations, to—
(1)
remove the expiration date on a flight instructor certificate; and
(2)
replace the requirement that a flight instructor renews their flight instructor certificate with appropriate recent experience requirements for the holder of a flight instructor certificate to exercise the privileges of such certificate.

SEC. 821. Consistency of Policy Application in Flight Standards and Aircraft Certification.

(a)
In General.— The inspector general of the Department of Transportation shall initiate audits, as described in subsection (d), of the Flight Standards and Aircraft Certification Services of the FAA, and the personnel of such offices, on the consistency of—
(1)
the interpretation of policies, orders, guidance, and regulations; and
(2)
the application of policies, orders, guidance, and regulations.
(b)
Components.— In completing the audits required under this section, the inspector general shall interview stakeholders, including at a minimum, individuals or entities that—
(1)
hold a certificate or authorization related to the issue being audited under subsection (d);
(2)
are from different regions of the country with matters before different flight standards district offices or before different FAA Flight Standards Service and Aircraft Certification Service offices;
(3)
work with multiple flight standards district offices or aircraft certification offices of the Administration; or
(4)
hold a single or multiple relevant certificates or authorizations.
(c)
Reports.— The inspector general of the Department of Transportation shall submit to the appropriate committees of Congress, the Secretary, and the Administrator a report for each audit required in this section, containing the results of the audit, including findings and necessary recommendations to the Administrator to improve the consistency of decision-making by Flight Standards and Aircraft Certification Services offices of the Administration.
(d)
Audits.— The inspector general shall complete an audit and issue the associated report required under subsection (c) not later than—
(1)
18 months after the date of enactment of this Act, with regard to supplemental type certificates;
(2)
34 months after the date of enactment of this Act, with regard to repair stations certificated under part 145 of title 14, Code of Federal Regulations; and
(3)
50 months after the date of enactment of this Act, with regard to technical standards orders.
(e)
Implementation.— In addressing any recommendations from the inspector general contained in the reports required under subsection (c), the Administrator may—
(1)
maintain an implementation plan; and
(2)
broadly adopt any best practices to improve the consistency of interpretation and application of policies, orders, guidance, and regulations by other offices of the Administration and with regard to other activities of the Administration.
(f)
Briefing.— Not later than 6 months after receiving a report required under subsection (c), the Administrator shall brief the appropriate committees of Congress on the implementation plan required under subsection (d), the status of any recommendation received pursuant to this section, and any best practices that are being implemented more broadly.

SEC. 822. Application of Policies, Orders, and Guidance.

Section 44701 of title 49, United States Code, is amended by adding at the end the following:

“(h) Policies, Orders, and Guidance.—

“(1) Consistency of application.—The Administrator shall ensure consistency in the application of policies, orders, and guidance of the Administration by—

“(A) audits of the application and interpretation of such material by Administration personnel from person to person and office to office;

“(B) updating policies, orders, and guidance to resolve inconsistencies and clarify demonstrated ambiguities, such as through repeated inconsistent interpretation; and

“(C) ensuring officials are properly documenting findings and decisions throughout a project to decrease the occurrence of duplicative work and inconsistent findings by subsequent officials assigned to the same project.

“(2) Alterations.—The Administrator shall consult as appropriate with regulated entities who will be impacted by proposed changes to the content or application of policies, orders, and guidance before making such changes.

“(3) Authorities and regulations.—The Administrator shall issue policies, orders, and guidance documents that are related to a law or regulation or clarify the intent of or compliance with specific laws and regulations.”

SEC. 823. Expansion of the Regulatory Consistency Communications Board.

Section 224 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) is amended—
(1)
in subsection (c)—
(A)
in paragraph (2) by striking “ ; and” and inserting a semicolon;
(B)
in paragraph (3) by striking the period and inserting a semicolon; and
(C)
by adding at the end the following:

“(4) the Office of Airports;

“(5) the Office of Security and Hazardous Materials Safety;

“(6) the Office of Rulemaking and Regulatory Improvement; and

“(7) such other offices as the Administrator determines appropriate.”

; and

(2)
in subsection (d)(1)—
(A)
in subparagraph (A) by striking “ anonymous regulatory interpretation questions” and inserting “ regulatory interpretation questions, including anonymously,”;
(B)
in subparagraph (C) by striking “ anonymous regulatory interpretation questions” and inserting “ regulatory interpretation questions, including anonymously”; and
(C)
by adding at the end the following:

“(6) Submit recommendations, as needed, to the Assistant Administrator for Rulemaking and Regulatory Improvement for consideration.”

SEC. 824. Modernization of Special Airworthiness Certification Rulemaking Deadline.

Not later than 24 months after the date of enactment of this Act, the Administrator shall issue a final rule for the rulemaking activity titled “Modernization of Special Airworthiness Certification”, published in Fall 2022 in the long-term actions of the Unified Agenda of Federal Regulatory and Deregulatory Actions (RIN 2120–AL50).

SEC. 825. Exclusion of Gyroplanes from Fuel System Requirements.

Section 44737 of title 49, United States Code, is amended—
(1)
by striking “ rotorcraft” and inserting “ helicopter” each place it appears;
(2)
in the heading for paragraph (2) of subsection (a) by striking “ rotorcraft” and inserting “ helicopter”; and
(3)
by adding at the end the following:

“(d) Exception.—A helicopter issued an experimental certificate under section 21.191 of title 14, Code of Federal Regulations (or any successor regulations), or operating under a Special Flight Permit issued under section 21.197 of title 14, Code of Federal Regulations (or any successor regulations), is excepted from the requirements of this section.”

SEC. 826. Public Aircraft Flight Time Logging Eligibility.

(a)
Forestry and Fire Protection Flight Time Logging.—
(1)
In general.— Notwithstanding any other provision of law, aircraft under the direct operational control of forestry and fire protection agencies are eligible to log pilot flight times, if the flight time was acquired by the pilot while engaged on an official forestry or fire protection flight, in the same manner as aircraft under the direct operational control of a Federal, State, county, or municipal law enforcement agency.
(2)
Retroactive application.— Paragraph (1) shall be applied as if enacted on October 5, 2018.
(b)
Regulations.— Not later than 180 days after the date of enactment of this Act, the Administrator shall make such regulatory changes as are necessary to conform to the requirements of this section.

SEC. 827. Eagle Initiative.

(a)
EAGLE Initiative.—
(1)
In general.— The Administrator shall continue to partner with industry and other Federal Government stakeholders in carrying out the Eliminate Aviation Gasoline Lead Emissions Initiative (in this section referred to as the “EAGLE Initiative”) through the end of 2030.
(2)
FAA responsibilities.— In collaborating with industry and other Government stakeholders to carry out the EAGLE Initiative, the Administrator shall take such actions as may be necessary under the authority of the Administrator to facilitate—
(A)
the safe elimination of the use of leaded aviation gasoline by piston-engine aircraft by the end of 2030 without adversely affecting the safe and efficient operation of the piston-engine aircraft fleet;
(B)
the approval of the use of unleaded alternatives to leaded aviation gasoline for use in all piston-engine aircraft types and piston-engine models;
(C)
the implementation of the requirements of section 47107(a)(22) of title 49, United States Code, as added by this Act, as such requirements relate to the continued availability of aviation gasoline;
(D)
efforts to make unleaded aviation gasoline that is approved for use in piston-engine aircraft and engines widely available for purchase and use at airports in the National Plan of Integrated Airport Systems; and
(E)
the development of a transition plan to safely enable the transition of the piston-engine general aviation aircraft fleet to unleaded aviation gasoline by 2030, to the extent practicable.
(3)
Activities.— In carrying out the responsibilities of the Administrator pursuant to paragraph (2), the Administrator shall, at a minimum—
(A)
maintain a fleet authorization process for the efficient approval or authorization of eligible piston-engine aircraft and engine models to operate safely using qualified unleaded aviation gasolines;
(B)
review, update, and prioritize, as soon as practicable, certification processes and projects, as necessary, for aircraft engines and modifications to such engines to operate with unleaded aviation gasoline;
(C)
seek to facilitate programs that accelerate the creation, evaluation, qualification, deployment, and use of unleaded aviation gasolines;
(D)
carry out, in partnership with the general aviation community, an ongoing campaign for training and educating aircraft owners and operators on how to safely transition to unleaded aviation gasoline;
(E)
evaluate aircraft and aircraft engines to ensure that such aircraft and aircraft engines can safely operate with unleaded aviation gasoline candidates during cold weather conditions; and
(F)
facilitate the development of agency policies and processes, as appropriate, to support the deployment of necessary infrastructure at airports to enable the distribution and storage of unleaded aviation gasolines.
(4)
Consultation and collaboration with relevant stakeholders.— In carrying out the EAGLE Initiative, the Administrator shall continue to consult and collaborate, as appropriate, with relevant stakeholders, including—
(A)
general aviation aircraft engine, aircraft propulsion, and aircraft airframe manufacturers;
(B)
general aviation aircraft users, aircraft owners, aircraft pilots, and aircraft operators;
(C)
airports and fixed-base operators;
(D)
State, local, and Tribal aviation officials;
(E)
representatives of the petroleum industry, including developers, refiners, producers, and distributors of unleaded aviation gasolines; and
(F)
air carriers and commercial operators operating under part 135 of title 14, Code of Federal Regulations.
(5)
Report to congress.—
(A)
Initial report.— Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report that—
(i)
contains an updated strategic plan for maintaining a fleet authorization process for the efficient approval and authorization of eligible piston-engine aircraft and engine models to operate using unleaded aviation gasolines in a manner that ensures safety;
(ii)
describes the structure and involvement of all FAA offices that have responsibilities described in paragraph (2); and
(iii)
identifies policy initiatives, regulatory initiatives, or legislative initiatives needed to improve and enhance the timely and safe transition to unleaded aviation gasoline for the piston-engine aircraft fleet.
(B)
Annual briefing.— Not later than 1 year after the date on which the Administrator submits the initial report under subparagraph (A), and annually thereafter through 2030, the Administrator shall brief the appropriate committees of Congress on activities and progress of the EAGLE Initiative.
(C)
Sunset.— Subparagraph (B) shall cease to be effective after December 31, 2030.
(b)
Transition Plan to Unleaded Aviation Gasoline.—
(1)
In general.— In developing the transition plan under subsection (a)(2)(E), the Administrator may, at a minimum, assess the following:
(A)
Efforts undertaken by the EAGLE Initiative, including progress towards—
(i)
safely eliminating the use of leaded aviation gasoline by piston-engine aircraft by the end of 2030 without adversely affecting the safe and efficient operation of the piston-engine aircraft fleet;
(ii)
approving the use of unleaded alternatives to leaded aviation gasoline for use in all piston-engine aircraft types and piston-engine models; and
(iii)
facilitating efforts to make approved unleaded aviation gasoline that is approved for use in piston-engine aircraft and engines widely available at airports for purchase and use in the National Plan of Integrated Airport Systems.
(B)
The evaluation and development of necessary airport infrastructure, including fuel storage and dispensing facilities, to support the distribution and storage of unleaded aviation gasoline.
(C)
The establishment of best practices for piston-engine aircraft owners and operators, airport operators and personnel, aircraft maintenance technicians, and other appropriate personnel for protecting against exposure to lead containment when—
(i)
conducting fueling operations;
(ii)
disposing of inspected gasoline samples;
(iii)
performing aircraft maintenance; and
(iv)
conducting engine run-ups.
(D)
Efforts to address supply chain and other logistical barriers inhibiting the timely distribution of unleaded aviation gasoline to airports.
(E)
Outreach efforts to educate and update piston-engine aircraft owners and operators, airport operators, and other members of the general aviation community on the potential benefits, availability, and safety of unleaded aviation gasoline.
(2)
Publication; guidance.— Upon completion of developing such transition plan, the Administrator shall—
(A)
make the plan available to the public on an appropriate website of the FAA; and
(B)
provide guidance supporting the implementation of the transition plan.
(3)
Collaboration with eagle initiative.— In supporting the development of such transition plan and issuing associated guidance pertaining to the implementation of such transition plan, the Administrator shall consult and collaborate with individuals carrying out the EAGLE Initiative.
(4)
Unleaded aviation gasoline communication materials.— The Administrator may collaborate with individuals carrying out the EAGLE Initiative to jointly develop and continuously update websites, brochures, and other communication materials associated with such transition plan to clearly convey the availability of unleaded aviation gasoline at airports.
(5)
Briefing to congress.— Not later than 60 days after the publication of such transition plan, the Administrator shall brief the appropriate committees of Congress on such transition plan and any agency efforts or actions pertaining to the implementation of such transition plan.
(6)
Savings clause.— Nothing in this section shall be construed to delay or alter the ongoing work of the EAGLE Initiative established by the Administrator in 2022.

SEC. 828. Expansion of Basicmed.

(a)
In General.— Section 2307 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44703 note) is amended—
(1)
in subsection (a)—
(A)
by striking paragraph (2) and inserting the following:

“(2) the individual holds a medical certificate issued by the Federal Aviation Administration or has held such a certificate at any time after July 14, 2006;”

(B)
in paragraph (7) by inserting “ calendar” before “ months”; and
(C)
in paragraph (8)(A) by striking “ 5” and inserting “ 6”;
(2)
in subsection (b)(2)(A)(i) by inserting “ (or any successor form)” after “ (3–99)”;
(3)
by striking subsection (h) and inserting the following:

“(h) Report Required.—Not later than 4 years after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator, in coordination with the National Transportation Safety Board, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes the effect of the regulations issued or revised under subsection (a) and includes statistics with respect to changes in small aircraft activity and safety incidents.”

; and

(4)
by striking subsection (j) and inserting the following:

“(j) Covered Aircraft Defined.—In this section, the term ‘covered aircraft’ means an aircraft that—

“(1) is authorized under Federal law to carry not more than 7 occupants;

“(2) has a maximum certificated takeoff weight of not more than 12,500 pounds; and

“(3) is not a transport category rotorcraft certified to airworthiness standards under part 29 of title 14, Code of Federal Regulations.”

(b)
Rulemaking.— The Administrator shall update regulations in parts 61 and 68 of title 14, Code of Federal Regulations, as necessary, to implement the amendments made by this section.
(c)
Applicability.— Beginning on the date that is 180 days after the date of enactment of this Act, the Administrator shall apply parts 61 and 68, Code of Federal Regulations, in a manner reflecting the amendments made by this section.

SEC. 829. Prohibition on Using Ads–b Out Data to Initiate an Investigation.

Section 46101 of title 49, United States Code, is amended by adding at the end the following:

“(c) Prohibition on Using ADS–B Out Data to Initiate an Investigation.—

“(1) In general.—Notwithstanding any other provision of this section, the Administrator of the Federal Aviation Administration may not initiate an investigation (excluding a criminal investigation) of a person based exclusively on automatic dependent surveillance–broadcast data.

“(2) Rule of construction.—Nothing in this subsection shall prohibit the use of automatic dependent surveillance–broadcast data in an investigation that was initiated for any reason other than the review of automatic dependent surveillance–broadcast data, including if such investigation was initiated as a result of a report or complaint submitted to the Administrator.”

SEC. 830. Charitable Flight Fuel Reimbursement Exemptions.

(a)
In General.—
(1)
Validity of exemption.— Except as otherwise provided in this subsection, an exemption from section 61.113(c) of title 14, Code of Federal Regulations, that is granted by the Administrator for the purpose of allowing a volunteer pilot to accept reimbursement from a volunteer pilot organization for the fuel costs and airport fees attributed to a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) shall be valid for 5 years.
(2)
Failing to adhere.— If the Administrator finds an exemption holder under paragraph (1) or a volunteer pilot fails to adhere to the conditions and limitations of the exemption described under such paragraph, the Administrator may rescind or suspend the exemption.
(3)
No longer qualifying.— If the Administrator finds that such exemption holder no longer qualifies as a volunteer pilot organization, the Administrator shall rescind such exemption.
(4)
Forgoing exemption.— If such exemption holder informs the Administrator that such holder no longer plans to exercise the authority granted by such exemption, the Administrator may rescind such exemption.
(b)
Additional Requirements.—
(1)
In general.— A volunteer pilot organization may impose additional safety requirements on a volunteer pilot without—
(A)
being considered—
(i)
an air carrier (as such term is defined in section 40102 of title 49, United States Code); or
(ii)
a commercial operator (as such term is defined in section 1.1 of title 14, Code of Federal Regulations); or
(B)
constituting common carriage.
(2)
Savings clause.— Nothing in this subsection may be construed to limit or otherwise affect the authority of the Administrator to regulate, as appropriate, a flight operation associated with a volunteer pilot organization that constitutes a commercial operation or common carriage.
(c)
Reissuance of Existing Exemptions.— In reissuing an expiring exemption described in subsection (a) that was originally issued prior to the date of enactment of this Act, the Administrator shall ensure that the reissued exemption—
(1)
accounts for the provisions of this section and section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note); and
(2)
is otherwise substantially similar to the previously issued exemption.
(d)
Statutory Construction.— Nothing in this section shall be construed to—
(1)
affect the authority of the Administrator to exempt a pilot (exercising the private pilot privileges) from any restriction on receiving reimbursement for the fuel costs and airport fees attributed to a flight operation to provide charitable transportation; or
(2)
impose or authorize the imposition of any additional requirements by the Administrator on a flight that is arranged by a volunteer pilot organization in which the volunteer pilot—
(A)
is not reimbursed the fuel costs and airport fees attributed to a flight operation to provide charitable flights; or
(B)
pays a pro rata share of expenses as described in section 61.113(c) of title 14, Code of Federal Regulations.
(e)
Definitions.— In this section:
(1)
Volunteer pilot.— The term “volunteer pilot” means a person who—
(A)
acts as a pilot in command of a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note); and
(B)
holds a private pilot certificate, commercial pilot certificate, or an airline transportation pilot certificate issued under part 61 of title 14, Code of Federal Regulations.
(2)
Volunteer pilot organization.— The term “volunteer pilot organization” has the meaning given such term in section 821(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).

SEC. 831. Gao Report on Charitable Flights.

(a)
Report.— Not later than 4 years after the date of enactment of this Act, the Comptroller General shall initiate a review of the following:
(1)
Applicable laws, regulations, policies, legal opinions, and guidance pertaining to charitable flights and the operations of such flights, including reimbursement of fuel costs.
(2)
Petitions for exemption from the requirements of section 61.113(c) of title 14, Code of Federal Regulations, for the purpose of allowing a pilot to accept reimbursement for the fuel costs associated with a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), including assessment of—
(A)
the conditions and limitations a petitioner shall comply with if the exemption is granted and whether such conditions and limitations are—
(i)
applied to petitioners in a consistent manner; and
(ii)
commensurate with the types of flight operations exemption holders propose to conduct under any such exemptions;
(B)
denied petitions for such an exemption and the reasons for the denial of such petitions; and
(C)
the processing time of a petition for such an exemption.
(3)
Charitable flights conducted without an exemption from section 61.113(c) of title 14, Code of Federal Regulations, including an analysis of the certificates, qualifications, and aeronautical experience of the operators of such flights.
(b)
Consultation.— In carrying out the review initiated under subsection (a), the Comptroller General shall consult with charitable organizations, including volunteer pilot organizations, aircraft owners, and pilots who volunteer to provide transportation for or on behalf of a charitable organization, flight safety experts, and employees of the FAA.
(c)
Recommendations.— As part of the review initiated under subsection (a), the Comptroller General shall make recommendations, as determined appropriate, to the Administrator to improve the rules, policies, and guidance pertaining to charitable flight operations.
(d)
Report.— Upon completion of the review initiated under subsection (a), the Comptroller General shall submit to the appropriate committees of Congress a report describing the findings of such review and recommendations developed under subsection (c).

SEC. 832. Flight Instruction or Testing.

(a)
Authorized Additional Pilots.— An individual acting as an authorized additional pilot during Phase I flight testing of aircraft holding an experimental airworthiness certificate, in accordance with section 21.191 of title 14, Code of Federal Regulations, and meeting the requirements set forth in FAA regulations and policy in effect as of the date of enactment of this Act, shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire.
(b)
Use of Aircraft.— An individual who uses, causes to use, or authorizes to use aircraft for flights conducted under subsection (a) shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire.
(c)
Revision of Rules.— The Administrator shall, as necessary, issue, revise, or repeal the rules, regulations, guidance, or procedures of the FAA to conform to the requirements of this section.

SEC. 833. National Coordination and Oversight of Designated Pilot Examiners.

(a)
In General.— The Administrator shall establish an office to provide oversight and facilitate national coordination of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations.
(b)
Responsibilities.— The office described in subsection (a) shall be responsible for the following:
(1)
Oversight of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations.
(2)
Coordinating with other offices, as appropriate, to support the standardization of policy, guidance, and regulations across the FAA pertaining to the selection, training, duties, and deployment of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations, including evaluating the consistency by which such examiners apply Administration policies, orders, and guidance.
(3)
Evaluating the consistency by which such examiners apply FAA policies, orders, and guidance.
(4)
Coordinating placement and deployment of such examiners across regions based on demand for examinations from the pilot community.
(5)
Developing a code of conduct for such examiners.
(6)
Deploying a survey system to track the performance and merit of such examiners.
(7)
Facilitating an industry partnership to create a formal mentorship program for such examiners.
(c)
Coordination.— In carrying out the responsibilities listed in subsection (b), the Administrator shall ensure the office—
(1)
coordinates on an ongoing basis with flight standards district offices, designated pilot examiner managing specialists, and aviation industry stakeholders, including representatives of the general aviation community; and
(2)
considers whether to implement the final recommendations report issued by the Designated Pilot Examiner Reforms Working Group and accepted by the Aviation Rulemaking Advisory Committee on June 17, 2021.
(d)
Report.—
(1)
In general.— Not later than 180 days after the date of enactment of this Act, and biennially thereafter through fiscal year 2028, the Administrator shall submit to the appropriate committees of Congress a report that evaluates the use of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations (or any successor regulation), for testing, including both written and practical tests.
(2)
Contents.— The report under paragraph (1) shall include an analysis of—
(A)
the methodology and rationale by which designated pilot examiners are deployed;
(B)
with respect to the previous fiscal year, the average time an individual in each region must wait to schedule an appointment with a designated pilot examiner;
(C)
with respect to the previous fiscal year, the estimated total time individuals in each region were forced to wait to schedule an appointment with a designated pilot examiner;
(D)
the primary reasons and best ways to reduce wait times described in subparagraph (C);
(E)
the number of tests conducted by designated pilot examiners;
(F)
the number and percentage of available designated pilot examiners that perform such tests; and
(G)
the average rate of retests, including of both written and practical tests.

SEC. 834. Part 135 Pilot Supplemental Oxygen Requirement.

(a)
In General.— Not later than 1 year after the date of enactment of this Act, the Administrator shall issue a notice of proposed rulemaking concerning whether to revise the requirements under paragraphs (3) and (4) of section 135.89(b) of title 14, Code of Federal Regulations, to apply only to aircraft operating at altitudes above flight level 410.
(b)
Considerations.— In issuing the notice of proposed rulemaking, the Administrator shall consider applicable safety data and risks, including in relation to applicable incidents and accidents, as well as the investigations and recommendations of the National Transportation Safety Board.