§ 44504. Improved aircraft, aircraft engines, propellers, and appliances

§ 44504. Improved aircraft, aircraft engines, propellers, and appliances

(a) Developmental Work and Service Testing.— The Administrator of the Federal Aviation Administration may conduct or supervise developmental work and service testing to improve aircraft, aircraft engines, propellers, and appliances.

(b) Research.— The Administrator shall conduct or supervise research—

(1) to develop technologies and analyze information to predict the effects of aircraft design, maintenance, testing, wear, and fatigue on the life of aircraft, including nonstructural aircraft systems, and air safety;

(2) to develop methods of analyzing and improving aircraft maintenance technology and practices, including nondestructive evaluation of aircraft structures;

(3) to assess the fire and smoke resistance of aircraft material;

(4) to develop improved fire and smoke resistant material for aircraft interiors;

(5) to develop and improve fire and smoke containment systems for inflight aircraft fires;

(6) to develop advanced aircraft fuels with low flammability and technologies that will contain aircraft fuels to minimize post-crash fire hazards;

(7) to develop technologies and methods to assess the risk of and prevent defects, failures, and malfunctions of products, parts, processes, and articles manufactured for use in aircraft, aircraft engines, propellers, and appliances that could result in a catastrophic failure of an aircraft; and

(8) in conjunction with other Federal agencies, as appropriate, to develop technologies and methods to assess the risk of and prevent defects, failures, and malfunctions of products, parts, and processes for use in all classes of unmanned aircraft systems that could result in a catastrophic failure of the unmanned aircraft that would endanger other aircraft in the national airspace system.

(c) Authority To Buy Items Offering Special Advantages.— In carrying out this section, the Administrator, by negotiation or otherwise, may buy or exchange experimental aircraft, aircraft engines, propellers, and appliances that the Administrator decides may offer special advantages to aeronautics.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1176; Pub. L. 106–181, title IX, § 904, Apr. 5, 2000, 114 Stat. 196; Pub. L. 112–95, title IX, § 903(a), Feb. 14, 2012, 126 Stat. 138.)

In this section, the word “Administrator” in section 312(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752) is retained on authority of 49:106(g).

In subsection (a), the words “to improve” are substituted for “such . . . as tends to the creation of improved” to eliminate unnecessary words.

Editorial Notes

Amendments

2012—Subsec. (b)(8). Pub. L. 112–95 added par. (8).

2000—Subsec. (b)(1). Pub. L. 106–181 inserted “, including nonstructural aircraft systems,” after “life of aircraft”.

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Electric Aircraft Infrastructure Pilot Program

Pub. L. 118–63, title VII, § 745, May 16, 2024, 138 Stat. 1282, provided that: “(a) In General.—The Secretary [of Transportation] may establish a pilot program under which airport sponsors may use funds made available under chapter 471 or section 48103 of title 49, United States Code, for use at up to 10 airports to carry out—“(1) activities associated with the acquisition, by purchase or lease, operation, and installation of equipment to support the operations of electric aircraft, including interoperable electric vehicle charging equipment; and “(2) the construction or modification of infrastructure to facilitate the delivery of power or services necessary for the use of electric aircraft, including—“(A) on airport utility upgrades; and “(B) associated design costs. “(b) Eligibility.—A public-use airport is eligible for participation in the pilot program under this section if the Secretary finds that funds made available under subsection (a) would support—“(1) electric aircraft operators at such airport, or using such airport; or “(2) electric aircraft operators planning to operate at such airport with an associated agreement in place. “(c) Sunset.—The pilot program established under subsection (a) shall terminate on October 1, 2028.”

Next Generation Radio Altimeters

Pub. L. 118–63, title X, § 1018, May 16, 2024, 138 Stat. 1397, provided that: “(a) In General.—Not later than 60 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration], in coordination with the aviation and commercial wireless industries, the National Telecommunications and Information Administration, the Federal Communications Commission, and other relevant government stakeholders, shall carry out an accelerated research and development program to inform the development and testing of the standards and technology necessary to ensure appropriate FAA [Federal Aviation Administration] certification actions and industry production that meets the installation requirements for next generation radio altimeters across all necessary aircraft by January 1, 2028. “(b) Grant Program.—Subject to the availability of appropriations, the Administrator may award grants for the purposes of research and development, testing, and other activities necessary to ensure that next generation radio altimeter technology is developed, tested, certified, and installed on necessary aircraft by 2028, including through public-private partnership grants (which shall include protections for necessary intellectual property with respect to any private sector entity testing, certifying, or producing next generation radio altimeters under the program carried out under this section) with industry to ensure the accelerated production and installation by January 1, 2028. “(c) Review and Report.—Not later than 180 days after the enactment of this Act, the Administrator shall submit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] and the Committee on Transportation and Infrastructure of the House of Representatives a report on the steps the Administrator has taken as of the date on which such report is submitted and any actions the Administrator plans to take, including as part of the program carried out under this section, to ensure that next generation radio altimeter technology is developed, tested, certified, and installed by 2028. “(d) Rule of Construction.—Nothing in this section shall be construed to apply to efforts to retrofit the existing supply of altimeters in place as of the date of enactment of this Act.”

Hydrogen Aviation Strategy

Pub. L. 118–63, title X, § 1019, May 16, 2024, 138 Stat. 1398, provided that: “(a) FAA and Department of Energy Leadership on Using Hydrogen to Propel Commercial Aircraft.—The Secretary [of Transportation], acting through the Administrator [of the Federal Aviation Administration] and jointly with the Secretary of Energy, shall exercise leadership in and shall conduct research and development activities relating to enabling the safe use of hydrogen in civil aviation, including the safe and efficient use and sourcing of hydrogen to propel commercial aircraft. “(b) Research Strategy.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator, in consultation with the Administrator of NASA [National Aeronautics and Space Administration] and other relevant Federal agencies, shall complete the development of a research and development strategy on the safe use of hydrogen in civil aviation. “(c) Considerations.—The strategy developed under subsection (b) shall consider the following:“(1) The feasibility, opportunities, challenges, and pathways toward the potential and safe uses of hydrogen in civil aviation. “(2) The use of hydrogen in addition to electric propulsion to propel commercial aircraft and any related operational efficiencies. “(d) Exercise of Leadership.—The Secretary, the Administrator, and the Secretary of Energy shall carry out the research activities consistent with the strategy in subsection (b), and that may include the following:“(1) Establishing positions and goals for the safe use of hydrogen in civil aviation, including to propel commercial aircraft. “(2) Understanding of the qualification of hydrogen aviation fuel, the safe transition to such fuel for aircraft, the advancement of certification efforts for such fuel, and risk mitigation measures for the use of such fuel in aircraft systems, including propulsion and storage systems. “(3) Through grant, contract, or interagency agreements, carrying out research and development to understand the contribution that the use of hydrogen would have on civil aviation, including hydrogen as an input for conventional jet fuel, hydrogen fuel cells as a source of electric propulsion, sustainable aviation fuel, and power to liquids or synthetic fuel, and researching ways of accelerating the introduction of hydrogen-propelled aircraft. “(4) Reviewing grant eligibility requirements, loans, loan guarantees, and other policies and requirements of the FAA [Federal Aviation Administration] and the Department of Energy to identify ways to increase the safe and efficient use of hydrogen in civil aviation. “(5) Considering the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders in creating policies that enable the safe use of hydrogen in civil aviation. “(6) Coordinating with NASA, and obtaining input from the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, academia and other stakeholders regarding—“(A) the safe and efficient use of hydrogen in civil aviation, including—“(i) updating or modifying existing policies on such use; “(ii) assessing barriers to, and benefits of, the introduction of hydrogen in civil aviation, including aircraft propelled by hydrogen; “(iii) the operational differences between aircraft propelled by hydrogen and aircraft propelled with other types of fuels; and “(iv) public, economic, and noise benefits of the operation of commercial aircraft propelled by hydrogen and associated aerospace industry activity; and “(B) other issues identified by the Secretary, the Administrator, the Secretary of Energy, or the advisory committee established under paragraph (7) that must be addressed in order to enable the safe and efficient use of hydrogen in civil aviation. “(7) Establish an advisory committee composed of representatives of NASA, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders to advise the Secretary, the Administrator, and the Secretary of Energy on the activities carried out under this subsection. “(e) International Leadership.—The Secretary, the Administrator, and the Secretary of Energy, in the appropriate international forums, shall take actions that—“(1) demonstrate global leadership in carrying out the activities required by subsections (a) and (b); “(2) consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders identified under subsection (b); “(3) consider the needs of fuel cell manufacturers; and “(4) seek to advance the competitiveness of the United States in the safe use of hydrogen in civil aviation. “(f) Report to Congress.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Secretary, acting through the Administrator and jointly with the Secretary of Energy, shall submit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing—“(1) the actions of the Secretary, the Administrator, and the Secretary of Energy to exercise leadership in conducting research relating to the safe and efficient use of hydrogen in civil aviation; “(2) the planned, proposed, and anticipated actions to update or modify existing policies related to the safe and efficient use of hydrogen in civil aviation, based on the results of the research and development carried out under this section, including such actions identified as a result of consultation with, and feedback from, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, academia and other stakeholders identified under subsection (b); and “(3) a proposed timeline for any such actions pursuant to paragraph (2).”

FAA Leadership In Hydrogen Aviation

Pub. L. 118–63, title XI, § 1109, May 16, 2024, 138 Stat. 1418, provided that: “(a) In General.—The Administrator [of the Federal Aviation Administration] shall exercise leadership in the development of Federal regulations, standards, best practices, and guidance relating to the safe and efficient certification of the use of hydrogen in civil aviation, including the certification of hydrogen-powered commercial aircraft. “(b) Exercise of Leadership.—In carrying out subsection (a), the Administrator shall—“(1) develop a viable path for the certification of the safe use of hydrogen in civil aviation, including hydrogen-powered aircraft, that considers existing frameworks, modifying an existing framework, or developing new standards, best practices, or guidance to complement the existing frameworks, as appropriate; “(2) review certification regulations, guidance, and other requirements of the FAA [Federal Aviation Administration] to identify ways to safely and efficiently certify hydrogen-powered commercial aircraft; “(3) consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders when developing regulations and standards that enable the safe certification and deployment of the use of hydrogen in civil aviation, including hydrogen-powered commercial aircraft, in the national airspace system; and “(4) obtain the input of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, academia, research institutions, and other stakeholders regarding—“(A) an appropriate regulatory framework and timeline for permitting the safe and efficient use of hydrogen in civil aviation, including the deployment and operation of hydrogen-powered commercial aircraft in the United States, which may include updating or modifying existing regulations; “(B) how to accelerate the resolution of issues related to data, standards development, and related regulations necessary to facilitate the safe and efficient certification of the use of hydrogen in civil aviation, including hydrogen-powered commercial aircraft; and “(C) other issues identified and determined appropriate by the Administrator or the advisory committee established under section 1019(d)(7) [of Pub. L. 118–63, set out in a note above] to be addressed to enable the safe and efficient use of hydrogen in civil aviation, including the deployment and operation of hydrogen-powered commercial aircraft.”

Alternative Fuel and Low-Emission Aviation Technology Program