§44712 — Title 49 Transportation | U.S. Code

Summary

Fixed-wing, powered civil airplanes used in commercial flying must have an emergency locator transmitter (ELT) on board. Before January 1, 2002 many kinds of planes and flights were not required to have an ELT, including turbojet planes, scheduled airline flights, training flights that stay within 50 miles of their home airport, testing or manufacturing flights, aircraft used for research and development, agricultural spraying, exhibition or air-racing flights, market surveys, and single-seat planes. After January 1, 2002 most of those same exemptions still apply, and planes with a maximum payload over 18,000 pounds used in air transportation are also exempt. The FAA Administrator can keep the older rules in place for up to two years after January 1, 2002 to help with a safe transition. An ELT satisfies the rule if it transmits on 121.5/243 MHz or 406 MHz, or if the FAA approves other equipment. The FAA must make rules for when a plane may fly without an ELT while the device is being inspected, repaired, altered, or replaced.

Title 49, §44712

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(a)An emergency locator transmitter must be installed on a fixed-wing powered civil aircraft for use in air commerce.

(b)Prior to January 1, 2002, subsection (a) does not apply to—

(1)turbojet-powered aircraft;

(2)aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary of Transportation under subpart II of this part;

(3)aircraft when used in training operations conducted entirely within a 50 mile radius of the airport from which the training operations begin;

(4)aircraft when used in flight operations related to design and testing, the manufacture, preparation, and delivery of the aircraft, or the aerial application of a substance for an agricultural purpose;

(5)aircraft holding certificates from the Administrator of the Federal Aviation Administration for research and development;

(6)aircraft when used for showing compliance with regulations, crew training, exhibition, air racing, or market surveys; and

(7)aircraft equipped to carry only one individual.

(c)(1)Subject to paragraph (2), on and after January 1, 2002, subsection (a) does not apply to—

(A)aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary of Transportation under subpart II of this part;

(B)aircraft when used in training operations conducted entirely within a 50-mile radius of the airport from which the training operations begin;

(C)aircraft when used in flight operations related to the design and testing, manufacture, preparation, and delivery of aircraft;

(D)aircraft when used in research and development if the aircraft holds a certificate from the Administrator of the Federal Aviation Administration to carry out such research and development;

(E)aircraft when used in showing compliance with regulations, crew training, exhibition, air racing, or market surveys;

(F)aircraft when used in the aerial application of a substance for an agricultural purpose;

(G)aircraft with a maximum payload capacity of more than 18,000 pounds when used in air transportation; or

(H)aircraft equipped to carry only one individual.

(2)The Administrator of the Federal Aviation Administration may continue to implement subsection (b) rather than subsection (c) for a period not to exceed 2 years after January 1, 2002, if the Administrator finds such action is necessary to promote—

(A)a safe and orderly transition to the operation of civil aircraft equipped with an emergency locator; or

(B)other safety objectives.

(d)An aircraft meets the requirement of subsection (a) if it is equipped with an emergency locator transmitter that transmits on the 121.5/243 megahertz frequency or the 406 megahertz frequency or with other equipment approved by the Secretary for meeting the requirement of subsection (a).

(e)The Administrator shall prescribe regulations specifying the conditions under which an aircraft subject to subsection (a) of this section may operate when its emergency locator transmitter has been removed for inspection, repair, alteration, or replacement.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 44712(a)49 App.:1421(d)(1).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 601(d)(1); added Dec. 29, 1970, Pub. L. 91–596, § 31, 84 Stat. 1619; restated Jan. 2, 1974, Pub. L. 93–239, § 4, 87 Stat. 1048; Nov. 9, 1977, Pub. L. 95–163, § 15(a)(1), 91 Stat. 1283. 44712(b)49 App.:1421(d)(2).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 601(d)(2); added Dec. 29, 1970, Pub. L. 91–596, § 31, 84 Stat. 1619; restated Jan. 2, 1974, Pub. L. 93–239, § 4, 87 Stat. 1048. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 44712(c)49 App.:1421(d)(3).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 601(d)(3); added Nov. 9, 1977, Pub. L. 95–163, § 15(a)(2), 91 Stat. 1283. In subsection (a), the words “Except with respect to aircraft described in paragraph (2) of this subsection and except as provided in paragraph (3) of this subsection” are omitted as surplus. The words “minimum standards pursuant to this section shall include a requirement that”, the text of 49 App.:1421(d)(1)(A), and the words “after three years and six months following such date” are omitted as executed. In subsection (b), the word “used” is substituted for “engaged” for consistency. In clause (3), the word “training” is substituted for “local flight” for consistency. In clause (4), the words “chemicals and other” are omitted as surplus. In clause (5), the word “purposes” is omitted as surplus. In subsection (c), the words “prescribe

Regulations

” are substituted for “shall issue

Regulations

. . . as he prescribes in such

Regulations

” to eliminate unnecessary words. The words “such limitations and” and “from such aircraft” are omitted as surplus.

Editorial Notes

Amendments

2000—Subsec. (b). Pub. L. 106–181, § 501(a)(1), substituted “Prior to January 1, 2002, subsection (a)” for “Subsection (a) of this section” in introductory provisions. Subsecs. (c) to (e). Pub. L. 106–181, § 501(a)(2), (3), added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).

Statutory Notes and Related Subsidiaries

Effective Date

of 2000 AmendmentAmendment 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.

Regulations

Pub. L. 106–181, title V, § 501(b), Apr. 5, 2000, 114 Stat. 132, provided that: “The Secretary [of Transportation] shall issue

Regulations

to carry out section 44712(c) of title 49, United States Code, as amended by this section, not later than January 1, 2001.” Emergency Locator Transmitters on General Aviation Aircraft Pub. L. 112–95, title III, § 347, Feb. 14, 2012, 126 Stat. 82, provided that: “(a) Inspection.—As part of the annual inspection of general aviation aircraft, the Administrator of the Federal Aviation Administration shall require a detailed inspection of each emergency locator transmitter (in this section referred to as an ‘ELT’) installed in general aviation aircraft operating in the United States to ensure that the ELT is mounted and retained in accordance with the manufacturer’s specifications. “(b) Mounting and Retention.—“(1) In general.—Not later than 90 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall determine if the ELT mounting requirements and retention tests specified by Technical Standard Orders C91a and C126 are adequate to assess retention capabilities in ELT designs. “(2) Revision.—Based on the determination under paragraph (1), the Administrator shall make any necessary revisions to the requirements and retention tests referred to in paragraph (1) to ensure that ELTs are properly retained in the event of an aircraft accident. “(c) Report.—Upon the completion of any revisions under subsection (b)(2), the Administrator shall submit a report on the implementation of this section to—“(1) the Committee on Commerce, Science, and Transportation of the Senate; and “(2) the Committee on Transportation and Infrastructure of the House of Representatives.”

§44712 Emergency Locator Transmitters

Summary

Title 49, §44712

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Regulations

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Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Regulations

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