,,ii  #aahth ,,congress  #ast ,session  
,s4 #ajcb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #bi1    
#bjbc ,mr4 ,schatz 7for himself and ,ms4
 ,hirono7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,commerce1 ,science1  
and ,transportation  ,a ,,bill  ,to     
reform ,federal ,aviation               
,administration safety requirements for 
commercial air tour operators1 and for  
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,air ,tour and 
,sport ,parachuting ,safety ,improvement
 ,act of #bjbc4  #b4 ,definitions ,in   
this ,act3  7#a7 ,administrator ,the    
term ,administrator means the           
,administrator of the ,federal ,aviation
 ,administration4  7#b7 ,air carrier    
,the term air carrier has the meaning   
given that term in section #djajb of    
title #di1 ,united ,states ,code4  7#c7 
,commercial air tour ,the term          
commercial air tour means a flight      
conducted for compensation or hire in an

 airplane or helicopter where a purpose 
of the flight is sightseeing4  7#d7     
,commercial air tour operator ,the term 
commercial air tour operator means any  
person who conducts a commercial air    
tour4  7#e7 ,parachute operation ,the   
term parachute operation has the meaning
 given that term in section #aje4c of   
title #ad1 ,code of ,federal            
,regulations 7or any successor          
regulation74  #c4 ,safety management    
system requirements for certain         
operators ,not later than #bd months    
after the date of enactment of this     
,act1 the ,administrator shall issue a  
final rule requiring each person holding
 a certificate under part #aai of title 
#ad1 ,code of ,federal ,regulations1 and
 authorized to conduct operations in    
accordance with the provisions of part  
#ace of title #ad1 ,code of ,federal    
,regulations1 to implement a safety     
management system1 as appropriate for   
the operations4  #d4 ,other safety      
requirements for commercial operators   

7a7 ,safety reforms  7#a7 ,authority to 
conduct nonstop commercial air tours    
7,a7 ,in general ,subject to            
subparagraph 7,b71 beginning on the date
 that is #c years after the date of     
enactment of this ,act1 no person may   
conduct commercial air tours unless that
 person-- 7i7 holds a certificate       
identifying the person as an air carrier
 or commercial operator under part #aai 
of title #ad1 ,code of ,federal         
,regulations2 and  7ii7 conducts all    
commercial air tours under the          
applicable provisions of part #aba or   
part #ace of title #ad1 ,code of        
,federal ,regulations4  7,b7 ,temporary 
exception ,notwithstanding the          
requirements of subparagraph 7,a71 for a
 period of #e years after the date      
described in subparagraph 7,a71 a person
 who holds a letter of authorization    
issued by the ,administrator to conduct 
nonstop commercial air tours under      
section #ia4adg of title #ad1 ,code of  
,federal ,regulations1 may continue to  

conduct nonstop commercial air tours    
under such letter of authorization so   
long as the person--  7i7 as of the date
 of enactment of this section1 has      
submitted 7or not later than #ah months 
after such date of enactment1 submits7  
an application to the ,administrator for
 an air carrier certificate under part  
#aai1 ,code of ,federal ,regulations2   
and  7ii7 has not been issued such part 
#aai certificate or received a denial of
 the application submitted under clause 
7i74  7,c7 ,reporting required          
,beginning on the date that is #c years 
after the date of enactment1 and every  
#ab months thereafter1 each person that 
conducts commercial air tours 7including
 any person excluded from the           
certificate requirement under           
subparagraph 7,b77 shall report to the  
,administrator the total number of      
commercial air tours that person        
conducted during the previous #ab       
months4  7,d7 ,other terms ,the         
,administrator shall--  7i7 revise title

 #ad1 ,code of ,federal ,regulations1 to
 include definitions for the terms      
aerial work and aerial photography that 
are limited to aerial operations        
performed for compensation or hire with 
an approved operating certificate2 and  
7ii7 to the extent necessary1 revise    
section #aai4a7;e77#d77;iii7 of title   
#ad1 ,code of ,federal ,regulations1 to 
conform with the requirements of such   
definitions4  7#b7 ,additional safety   
requirements ,not later than #c years   
after the date of enactment of this     
,act1 the ,administrator shall issue new
 or revised regulations that shall      
require all certificated commercial air 
tour operators to incorporate avoidance 
training for controlled flight into     
terrain and in-flight loss of control   
into the training program required under
 part #aba or #ace of title #ad1 ,code  
of ,federal ,regulations1 as applicable4
 ,the training shall address reducing   
the risk of accidents involving         
unintentional flight into instrument    

meteorological conditions to address    
day1 night1 and low visibility          
environments with special attention paid
 to research available as of the date of
 enactment of this ,act on human factors
 issues involved in such accidents1     
including but not limited to-- 7,a7     
specific terrain1 weather1 and          
infrastructure challenges relevant in   
the local operating environment that    
increase the risk of such accidents2    
7,b7 pilot decision-making relevant to  
the avoidance of instrument             
meteorological conditions while         
operating under visual flight rules2    
7,c7 use of terrain awareness displays2 
7,d7 spatial disorientation risk factors
 and countermeasures2 and  7,e7         
strategies for maintaining control1     
including the use of automated systems4 
7b7 ,aviation rulemaking committee  7#a7
 ,in general ,the ,administrator1 shall 
convene an aviation rulemaking committee
 to review and develop findings and     
recommendations to inform-- 7,a7        

establishing a performance-based        
standard for flight data monitoring for 
all commercial air tour operators that  
reviews all available data sources to   
identify deviations from established    
areas of operation and potential safety 
issues2  7,b7 requiring all commercial  
air tour operators to install flight    
data recording devices capable of       
supporting collection and dissemination 
of the data incorporated in the ,flight 
,operational ,quality ,assurance        
,program 7or1 if an aircraft cannot be  
retrofitted with such equipment1        
requiring the commercial air tour       
operator for such aircraft to collect   
and maintain flight data through        
alternative methods72  7,c7 requiring   
all commercial air tour operators to    
implement a flight data monitoring      
program1 such as a ,flight ,operational 
,quality ,assurance ,program2  7,d7     
establishing methods to provide         
effective terrain awareness and warning2
 and  7,e7 establishing methods to      

provide effective traffic avoidance in  
identified high-traffic tour areas1 such
 as requiring air tour operators that   
operate within those areas be equipped  
with an ,automatic ,dependent           
,surveillance-,broadcast ,out- and      
,in-supported traffic advisory system   
that--  7i7 includes both visual and    
aural alerts2  7ii7 is driven by an     
algorithm designed to eliminate nuisance
 alerts2 and  7iii7 is operational      
during all flight operations4  7#b7     
,membership ,the aviation rulemaking    
committee shall consist of members      
appointed by the ,administrator1        
including--  7,a7 representatives of    
industry1 including manufacturers of    
aircraft and aircraft technologies2     
7,b7 representatives of aviation        
operator organizations2 and  7,c7       
aviation safety experts with specific   
knowledge of safety management systems  
and flight data monitoring programs     
under part #ace of title #ad1 ,code of  
,federal ,regulations4  7#c7 ,duties    

7,a7 ,in general ,the ,administrator    
shall direct the aviation rulemaking    
committee to make findings and submit   
recommendations regarding each of the   
matters specified in subparagraphs 7,a7 
through 7,e7 of paragraph 7#a74  7,b7   
,considerations ,in carrying out its    
duties under subparagraph 7,a71 the     
,administrator shall direct the aviation
 rulemaking committee to consider-- 7i7 
recommendations of the ,national        
,transportation ,safety ,board2  7ii7   
recommendations of previous aviation    
rulemaking committees that reviewed     
flight data monitoring program          
requirements on part #ace commercial    
operators2  7iii7 recommendations from  
industry safety organizations1 including
 but not limited to the ,vertical       
,aviation ,safety ,team 7,,vast71 the   
,general ,aviation ,joint ,safety       
,committee1 and the ,united ,states     
,helicopter ,safety ,team 7,,ushst72    
7iv7 scientific data derived from a     
broad range of flight data recording    

technologies capable of continuously    
transmitting and that support a         
measurable and viable means of assessing
 data to identify and correct hazardous 
trends2  7v7 appropriate use of data for
 modifying behavior to prevent          
accidents2  7vi7 the need to accommodate
 technological advancements in flight   
data recording technology2  7vii7 data  
gathered from aviation safety reporting 
programs2  7viii7 appropriate methods to
 provide effective terrain awareness and
 warning system 7,,taws7 protections    
while mitigating nuisance alerts for    
aircraft2  7ix7 the need to accommodate 
the diversity of airworthiness standards
 under part #bg and part #bi of title   
#ad1 ,code of ,federal ,regulations2    
7x7 the need to accommodate diversity of
 operations and mission sets2  7xi7     
benefits of third-party data analysis   
for large and small operations2  7xii7  
accommodations necessary for small      
businesses2 and  7xiii7 other issues as 
necessary4  7#d7 ,reports and           

regulations ,the ,administrator shall-- 
7,a7 not later than #bj months after the
 date of enactment of this ,act1 submit 
to the ,committee on ,commerce1         
,science1 and ,transportation of the    
,senate and the ,committee on           
,transportation and ,infrastructure of  
the ,house of ,representatives a report 
based on the findings of the aviation   
rulemaking committee2  7,b7 not later   
than #ab months after the date of       
submission of the report under          
subparagraph 7,a71 and after            
consideration of the recommendations of 
the aviation rulemaking committee1 issue
 an intent to proceed with proposed     
rulemakings regarding each of the       
matters specified in subparagraphs 7,a7 
through 7,e7 of paragraph 7#a72 and     
7,c7 not later than #c years after the  
date of enactment of this ,act1 issue a 
final rule with respect to each of the  
matters specified in such subparagraphs 
of paragraph 7#a74  #e4 ,expedited      
process for obtaining operating         

certificates  7a7 ,in general ,the      
,administrator shall implement          
procedures to improve the process for   
obtaining operating certificates under  
part #aai of title #ad1 ,code of        
,federal ,regulations4  7b7             
,considerations ,in carrying out        
subsection 7a71 beginning on the date   
that is #ah months after the date of    
enactment of this ,act1 the             
,administrator shall give priority      
consideration to operators that must    
obtain a certificate in accordance with 
section #d7;a77#a7 of this ,act4  7c7   
,report required ,not later than #a year
 after the date of enactment of this    
,act1 the ,administrator shall submit to
 the ,committee on ,commerce1 ,science1 
and ,transportation of the ,senate and  
the ,committee on ,transportation and   
,infrastructure of the ,house of        
,representatives a report describing--  
7#a7 how the procedures implemented     
under subsection 7a7 will increase the  
efficiency of the process for obtaining 

operating certificates under part #aai  
of title #ad1 ,code of ,federal         
,regulations1 and1 if applicable1       
certificates authorizing operations     
under part #ace of such title2  7#b7 how
 considerations under subsection 7b7    
will be incorporated into procedures    
implemented under subsection 7a72 and   
7#c7 any additional resources required  
to implement procedures under subsection
 7a74  7d7 ,additional reports required 
,not later than #c years after the date 
of enactment of this ,act1 and annually 
thereafter the ,administrator shall     
submit a report to the ,committee on    
,commerce1 ,science1 and ,transportation
 of the ,senate and the ,committee on   
,transportation and ,infrastructure of  
the ,house of ,representatives that--   
7#a7 includes--  7,a7 data on           
certification approvals and denials2 and
  7,b7 data on duration of key phases of
 the certification process2 and  7#b7   
identifies certification policies in    
need of reform or repeal4  #f4 ,safety  

requirements for sport parachute        
operations  7a7 ,aviation rulemaking    
committee ,the ,administrator1 shall    
convene an aviation rulemaking committee
 to review and develop findings and     
recommendations to inform--  7#a7       
rulemaking governing parachute          
operations conducted in the ,united     
,states that are subject to the         
requirements of part #aje of title #ad1 
,code of ,federal ,regulations1 to      
address-- 7,a7 ,federal ,aviation       
,administration-approved aircraft       
maintenance and inspection programs that
 consider1 at a minimum1 requirements   
for compliance with engine              
manufacturers' recommended maintenance  
instructions1 such as service bulletins 
and service information letters for time
 between overhauls and component life   
limits2  7,b7 initial and annual        
recurrent pilot proficiency checking    
programs for pilots conducting parachute
 operations that address1 at a minimum1 
operation- and aircraft-specific weight 

and balance calculations1 preflight     
inspections1 emergency and recovery     
procedures1 and parachutist egress      
procedures for each type of aircraft    
flown2 and  7,c7 initial and annual     
recurrent pilot review programs for     
parachute operations pilots that        
address1 at a minimum1                  
operation-specific and aircraft-specific
 weight and balance calculations1       
preflight inspections1 emergency and    
recovery procedures1 and parachutist    
egress procedures for each type of      
aircraft flown1 as well as competency   
flight checks to determine pilot        
competence in practical skills and      
techniques in each type of aircraft2    
7#b7 the revision of guidance material  
contained in ,advisory ,circular        
#aje-b;,e 7relating to sport parachute  
jumping71 to include guidance for       
parachute operations in implementing the
 ,federal ,aviation                     
,administration-approved aircraft       
maintenance and inspection program and  

the pilot training and pilot proficiency
 checking programs required under any   
new or revised regulations issued in    
accordance with paragraph 7#a72 and     
7#c7 the revision of guidance materials 
issued in ,order #hijj4a entitled       
,flight ,standards ,information         
,management ,system1 to include guidance
 for ,federal ,aviation ,administration 
inspectors who oversee part #ia of title
 #ad ,code of ,federal ,regulations1    
operations conducted under any of the   
exceptions specified in section         
#aai4a7;e7 of title #ad1 ,code of       
,federal ,regulations1 which include    
parachute operations4  7b7 ,membership  
,the aviation rulemaking committee shall
 consist of members appointed by the    
,administrator1 including-- 7#a7        
representatives of industry1 including  
manufacturers of aircraft and aircraft  
technologies2  7#b7 representatives of  
parachute operator organizations2 and   
7#c7 aviation safety experts with       
specific knowledge of safety management 

systems and flight data monitoring      
programs under part #ace and part #aje  
of title #ad1 ,code of ,federal         
,regulations4  7c7 ,duties  7#a7 ,in    
general ,the ,administrator shall direct
 the aviation rulemaking committee to   
make findings and submit recommendations
 regarding each of the matters specified
 in paragraphs 7#a7 through 7#c7 of     
subsection 7a74  7#b7 ,considerations   
,in carrying out its duties under       
paragraph 7#a71 the ,administrator shall
 direct the aviation rulemaking         
committee to consider--  7,a7 findings  
and recommendations of the ,national    
,transportation ,safety ,board generally
 as relevant and specifically those     
related to parachute operations1        
including the ,june #ba1 #bjai1 incident
 in ,mokuleia1 ,hawaii2  7,b7           
recommendations of previous aviation    
rulemaking committees that considered   
similar issues2  7,c7 recommendations   
from industry safety organizations1     
including1 but not limited to1 the      

,united ,states ,parachute ,association2
  7,d7 appropriate use of data for      
modifying behavior to prevent accidents2
  7,e7 data gathered from aviation      
safety reporting programs2  7,f7 the    
need to accommodate diversity of        
operations and mission sets2  7,g7      
accommodations necessary for small      
businesses2 and  7,h7 other issues as   
necessary4  7d7 ,reports and regulations
 ,the ,administrator shall-- 7#a7 not   
later than #bj months after the date of 
enactment of this ,act1 submit a report 
based on the findings of the aviation   
rulemaking committee to the ,committee  
on ,commerce1 ,science1 and             
,transportation of the ,senate and to   
the ,committee on ,transportation and   
,infrastructure of the ,house of        
,representatives2  7#b7 not later than  
#ab months after the date of submission 
of the report under paragraph 7#a71 and 
after consideration of the              
recommendations of the aviation         
rulemaking committee1 issue an intent to

 proceed with proposed rulemakings      
regarding each of the matters specified 
in paragraphs 7#a7 through 7#c7 of      
subsection 7a72 and  7#c7 not later than
 #c years after the date of enactment of
 this ,act1 issue a final rule with     
respect to each of the matters specified
 in such paragraphs of subsection 7a74  
#g4 ,authorization of appropriations    
,there are authorized to be appropriated
 to the ,administrator1 to remain       
available until expended1 such sums as  
necessary to carry out this ,act4