§ 44505. Systems, procedures, facilities, services, and devices

§ 44505. Systems, procedures, facilities, services, and devices

(a) General Requirements.—

(1) The Administrator of the Federal Aviation Administration shall—

(A) develop, alter, test, and evaluate systems, procedures, facilities, services, and devices, and define their performance characteristics, to meet the needs for safe and efficient navigation and traffic control of civil and military aviation, except for needs of the armed forces that are peculiar to air warfare and primarily of military concern; and

(B) select systems, procedures, facilities, services, and devices that will best serve those needs and promote maximum coordination of air traffic control and air defense systems.

(2) The Administrator may make contracts to carry out this subsection without regard to section 3324(a) and (b) of title 31.

(3) When a substantial question exists under paragraph (1) of this subsection about whether a matter is of primary concern to the armed forces, the Administrator shall decide whether the Administrator or the Secretary of the appropriate military department has responsibility. The Administrator shall be given technical information related to each research and development project of the armed forces that potentially applies to, or potentially conflicts with, the common system to ensure that potential application to the common system is considered properly and that potential conflicts with the system are eliminated.

(b) Research on Human Factors and Simulation Models.— The Administrator shall conduct or supervise research—

(1) to develop a better understanding of the relationship between human factors and aviation accidents and between human factors and air safety;

(2) to enhance air traffic controller, mechanic, and flight crew performance;

(3) to develop a human-factor analysis of the hazards associated with new technologies to be used by air traffic controllers, mechanics, and flight crews;

(4) to identify innovative and effective corrective measures for human errors that adversely affect air safety;

(5) to develop or procure dynamic simulation models and tools of the air traffic control system and airport design and operating procedures that will provide analytical technology—

(A) to predict airport and air traffic control safety and capacity problems;

(B) to evaluate planned research projects; and

(C) to test proposed revisions in airport and air traffic control operations programs;

(6) to develop a better understanding of the relationship between human factors and unmanned aircraft system safety; and

(7) to develop or procure dynamic simulation models and tools for integrating all classes of unmanned aircraft systems into the national airspace system without any degradation of existing levels of safety for all national airspace system users.

(c) Research on Developing and Maintaining a Safe and Efficient System.— The Administrator shall conduct or supervise research on—

(1) airspace and airport planning and design;

(2) airport capacity enhancement techniques;

(3) human performance in the air transportation environment;

(4) aviation safety and security;

(5) the supply of trained air transportation personnel, including pilots and mechanics; and

(6) other aviation issues related to developing and maintaining a safe and efficient air transportation system.

(d) Research on Design for Certification.—

(1) Research.— Not later than 1 year after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator shall conduct research on methods and procedures to improve both confidence in and the timeliness of certification of new technologies for their introduction into the national airspace system.

(2) Research plan.— Not later than 6 months after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator shall develop a plan for the research under paragraph (1) that contains objectives, proposed tasks, milestones, and a 5-year budgetary profile.

(3) Review.— The Administrator shall enter into an arrangement with the National Research Council to conduct an independent review of the plan developed under paragraph (2) and shall provide the results of that review to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 18 months after the date of enactment of the FAA Modernization and Reform Act of 2012.

(e) Cooperative Agreements.— The Administrator may enter into cooperative agreements on a cost-shared basis with Federal and non-Federal entities that the Administrator may select in order to conduct, encourage, and promote aviation research, engineering, and development, including the development of prototypes and demonstration models.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1177; Pub. L. 103–305, title III, § 307, Aug. 23, 1994, 108 Stat. 1593; Pub. L. 112–95, title IX, §§ 903(b), 905, Feb. 14, 2012, 126 Stat. 138, 139; Pub. L. 118–63, title VI, § 618(b)(1), May 16, 2024, 138 Stat. 1231.)

In this section, the word “Administrator” in section 312(c) 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)(1) and (3), the words “the armed forces” are substituted for “military agencies” and “the military” because of the definition of “armed forces” in 10:101.

In subsection (a)(3), the words “military department” are substituted for “military agency” because of the definition of “military department” in 10:101. The words “the needs of” and “to the maximum extent necessary” are omitted as surplus.

Editorial Notes

References in Text

The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (d), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.

Amendments

2024—Pub. L. 118–63, § 618(b)(1)(A), substituted “services, and devices” for “and devices” in section catchline.

Subsec. (a)(1). Pub. L. 118–63, § 618(b)(1)(B), substituted “services, and devices” for “and devices” in subpars. (A) and (B).

Subsec. (b)(5), (7). Pub. L. 118–63, § 618(b)(1)(C), substituted “develop or procure dynamic simulation models and tools” for “develop dynamic simulation models”.

2012—Subsec. (b)(6), (7). Pub. L. 112–95, § 903(b), added pars. (6) and (7).

Subsecs. (d), (e). Pub. L. 112–95, § 905, added subsec. (d) and redesignated former subsec. (d) as (e).

1994—Subsec. (d). Pub. L. 103–305 added subsec. (d).

Statutory Notes and Related Subsidiaries

Reducing Turbulence-Related Injuries on Part 121 Aircraft Operations

Pub. L. 118–63, title III, § 321, May 16, 2024, 138 Stat. 1083, provided that: “(a) In General.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall review the recommendations made by the Chair of the National Transportation Safety Board to the Administrator contained in the safety research report titled ‘Preventing Turbulence-Related Injuries in Air Carrier Operations Conducted Under Title 14 Code of Federal Regulations Part 121’, issued on August 10, 2021 (NTSB/SS–21/01) and provide a briefing to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] with any planned actions in response to the recommendations of the report. “(b) Implementation.—Not later than 3 years after the date of enactment of this Act, the Administrator shall implement, as appropriate, the recommendations in the safety research report described in subsection (a). “(c) Report.—“(1) In general.—Not later than 2 years after completing the review under subsection (a), and every 2 years thereafter, the Administrator shall submit to the appropriate committees of Congress a report on the implementation status of the recommendations in the safety research report described in subsection (a) until the earlier of—“(A) the date on which such recommendations have been adopted or adjudicated as described in paragraph (2); or “(B) the date that is 10 years after the date of enactment of this Act. “(2) Contents.—If the Administrator decides not to implement a recommendation in the safety research report described in subsection (a), the Administrator shall provide, as a part of the report required under paragraph (1), a description of why the Administrator did not implement such recommendation.”

Flight Profile Optimization

Pub. L. 118–63, title VI, § 609, May 16, 2024, 138 Stat. 1225, provided that: “(a) Pilot Program.—“(1) Establishment.—The Administrator [of the Federal Aviation Administration] shall establish a pilot program to award grants to air traffic flow management technology providers to develop prototype capabilities to incorporate flight profile optimization (in this section referred to as ‘FPO’) into the trajectory based-operations air traffic flow management system of the FAA [Federal Aviation Administration]. “(2) Considerations.—In establishing the pilot program under paragraph (1), the Administrator shall consider the following:“(A) The extent to which developed FPO capabilities may reduce strain on the national airspace system infrastructure while facilitating safe and efficient flow of future air traffic volumes and diverse range of aircraft and advanced aviation aircraft. “(B) The extent to which developed FPO capabilities may achieve environmental benefits and time savings. “(C) The perspectives of FAA employees responsible for air traffic flow management development projects, bilateral civil aviation regulatory partners, and industry applicants on the performance of the FAA in carrying out air traffic flow management system development projects. “(D) Any other information the Administrator determines appropriate. “(3) Application.—To be eligible to receive a grant under the program, an air traffic flow management technology provider shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. “(4) Maximum amount.—A grant awarded under the program may not exceed $2,000,000 to a single air traffic flow management technology provider. “(b) Briefing to Congress.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], and annually thereafter until the termination of the pilot program under subsection (d) established under this section, the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the progress of such pilot program, including any implementation challenges of the program, detailed metrics of the program, and any recommendations to achieve the adoption of FPO. “(c) Trajectory-based Operations Defined.—In this section, the term ‘trajectory-based operations’ means an air traffic flow management method for strategically planning, managing, and optimizing flights that uses time-based management, performance-based navigation, and other capabilities and processes to achieve air traffic flow management operational objectives and improvements. “(d) Sunset.—The pilot program under this section shall terminate on October 1, 2028.”

Aeronautical Mobile Communications Services

Pub. L. 118–63, title VI, § 613, May 16, 2024, 138 Stat. 1227, provided that: “(a) Satellite Voice Communications Services.—The Administrator [of the Federal Aviation Administration] shall evaluate the addition of satellite voice communication services (in this section referred to as ‘SatVoice’) to the Aeronautical Mobile Communications program (in this section referred to as the ‘AMCS program’) that provides for the delivery of air traffic control messages in oceanic and remote continental airspace. “(b) Analysis and Implementation Procedures.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator shall begin to develop the safety case analysis and implementation procedures for SatVoice instructions over the controlled oceanic and remote continental airspace regions of the FAA [Federal Aviation Administration]. “(c) Requirements.—The analysis and implementation procedures required under subsection (b) shall include, at a minimum, the following:“(1) Network and protocol testing and integration with satellite service providers. “(2) Operational testing with aircraft to identify and resolve performance issues. “(3) A definition of Satcom Standards and Recommended Practices established through a collaboration with the International Civil Aviation Organization, which shall include an RCP–130 performance standard as well as SatVoice standards. “(4) Training for radio operators on new operation procedures and protocols. “(5) A phased implementation plan for incorporating SatVoice services into the AMCS program. “(6) The estimated cost of the implementation procedures for relevant stakeholders. “(d) HF/VHF Minimum Equipage.—“(1) Rule of construction.—Nothing in this section shall be construed to affect the HF/VHF equipage requirement for communications in oceanic and remote continental airspace as of the date of enactment of this Act. “(2) Maintenance of hf/vhf services.—The Administrator shall maintain HF/VHF services existing as of the date of enactment of this Act as minimum equipage under the AMCS program to provide for auxiliary communication and maintain safety in the event of a satellite outage.”

Delivery of Clearance to Pilots Via Internet Protocol

Pub. L. 118–63, title VI, § 614, May 16, 2024, 138 Stat. 1228, provided that: “(a) In General.—Not later than 18 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall establish a pilot program to conduct testing and an evaluation to determine the feasibility of the use, in air traffic control towers, of technology for mobile clearance delivery for general aviation and on-demand air carriers operating under part 135 of title 14, Code of Federal Regulations, at suitable airports that do not have tower data link services. “(b) Airport Selection.—“(1) In general.—The Administrator shall designate 5 suitable airports for participation in the program established under subsection (a) after consultation with the exclusive representatives of air traffic controllers certified under section 7111 of title 5, United States Code, airport sponsors, aircraft and avionics manufacturers, MITRE, and aircraft operators “(2) Airport size and complexity.—In designating airports under paragraph (1), the Administrator shall designate airports of different size and complexity. “(c) Program Objective.—The program established under subsection (a) shall address and include safety, security, and operational requirements for mobile clearance delivery at airports and heliports across the United States. “(d) Report.—Not later than 1 year after the date on which the program under subsection (a) is established, the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the safety, security, and operational performance of mobile clearance delivery at airports pursuant to this section and recommendations on how best to improve the program. “(e) Definitions.—In this section:“(1) Mobile clearance delivery.—The term ‘mobile clearance delivery’ means the delivery of access to departure clearance and clearance cancellation via internet protocol via applications to pilots while aircraft are on the ground where traditional data link installations are not feasible or possible. “(2) Tower data link services.—The term ‘tower data link services’ means communications between controllers and pilots using controller-pilot data link communications. “(3) Suitable airport.—The term ‘suitable airport’ means towered airports, non-towered airports, and heliports.”

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