§44716 — Title 49 Transportation | U.S. Code

Summary

The FAA must finish and certify a midair collision warning system called TCAS‑II so it works in both visual and instrument flight and can be upgraded later to TCAS‑III. The FAA must finish certification by June 30, 1989 and send Congress monthly progress reports. Within 30 months after that certification, the FAA must require TCAS‑II on every civil passenger airplane with at least 31 seats used to carry people, including flights inside a single state. The FAA can delay that deadline up to 2 years if needed for a safe, orderly changeover or other safety reasons. By December 30, 1990 the FAA must start a one-year program to collect safety and operational data from aircraft with TCAS‑II and invite foreign carriers to join. The FAA must also consider matching the schedule for low-altitude windshear gear to the TCAS‑II schedule. The FAA must finish developing and certifying TCAS‑III as soon as possible and may use money from the Airport and Airway Trust Fund (26 U.S.C. 9502) to do so. Also by December 30, 1990, planes in certain terminal radar airspace must use transponders that automatically report altitude. Finally, by December 31, 2002, cargo planes over 15,000 kilograms must have collision‑avoidance equipment that gives cockpit detection, conflict‑resolution guidance and traffic display, with at least the same safety margin as TCAS‑II; the FAA may extend that deadline up to 2 years for safety or public‑interest reasons.

Title 49, §44716

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

(1)complete the development of the collision avoidance system known as TCAS–II so that TCAS–II can operate under visual and instrument flight rules and can be upgraded to the performance standards applicable to the collision avoidance system known as TCAS–III;

(2)develop and carry out a schedule for developing and certifying TCAS–II that will result in certification not later than June 30, 1989; and

(3)submit to Congress monthly reports on the progress being made in developing and certifying TCAS–II.

(b)The Administrator shall require by regulation that, not later than 30 months after the date certification is made under subsection (a)(2) of this section, TCAS–II be installed and operated on each civil aircraft that has a maximum passenger capacity of at least 31 seats and is used to provide air transportation of passengers, including intrastate air transportation of passengers. The Administrator may extend the deadline in this subsection for not more than 2 years if the Administrator finds the extension is necessary to promote—

(1)a safe and orderly transition to the operation of a fleet of civil aircraft described in this subsection equipped with TCAS–II; or

(2)other safety objectives.

(c)Not later than December 30, 1990, the Administrator shall establish a one-year program to collect and assess safety and operational information from civil aircraft equipped with TCAS–II for the operational evaluation of TCAS–II. The Administrator shall encourage foreign air carriers that operate civil aircraft equipped with TCAS–II to participate in the program.

(d)The Administrator shall consider the feasibility and desirability of amending the schedule for installing airborne low-altitude windshear equipment to make the schedule compatible with the schedule for installing TCAS–II.

(e)(1)The Administrator shall complete developing and certifying TCAS–III as soon as possible.

(2)Necessary amounts may be appropriated from the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to carry out this subsection.

(f)The Administrator shall prescribe regulations requiring that, not later than December 30, 1990, operating transponders with automatic altitude reporting capability be installed and used for aircraft operating in designated terminal airspace where radar service is provided for separation of aircraft. The Administrator may provide for access to that airspace (except terminal control areas and airport radar service areas) by nonequipped aircraft if the Administrator finds the access will not interfere with the normal traffic flow.

(g)(1)The Administrator shall require by regulation that, no later than December 31, 2002, collision avoidance equipment be installed on each cargo aircraft with a maximum certificated takeoff weight in excess of 15,000 kilograms.

(2)The Administrator may extend the deadline established by paragraph (1) by not more than 2 years if the Administrator finds that the extension is needed to promote—

(A)a safe and orderly transition to the operation of a fleet of cargo aircraft equipped with collision avoidance equipment; or

(B)other safety or public interest objectives.

(3)In this subsection, the term “collision avoidance equipment” means equipment that provides protection from mid-air collisions using technology that provides—

(A)cockpit-based collision detection and conflict resolution guidance, including display of traffic; and

(B)a margin of safety of at least the same level as provided by the collision avoidance system known as TCAS–II.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 44716(a)49 App.:1421(f)(1).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 601(f); added Dec. 30, 1987, Pub. L. 100–223, § 203(b), 101 Stat. 1518; Dec. 15, 1989, Pub. L. 101–236, § 2, 103 Stat. 2060. 44716(b)49 App.:1421(f)(2), (4). 44716(c)49 App.:1421(f)(3). 44716(d)49 App.:1421(f)(5). 44716(e)49 App.:1421 (note).Dec. 30, 1987, Pub. L. 100–223, § 203(d), 101 Stat. 1519. 44716(f)49 App.:1421(f)(6). In subsection (c), the words “In conducting the program” are omitted as surplus. In subsection (e)(1), the word “research” is omitted as included in “developing”. In subsection (e)(2), the words “established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502)” are added for consistency in the revised title. In subsection (f), the words “Not later than 6 months after December 30, 1987, the Administrator shall promulgate a final rule” and “Such final rule” are omitted as executed.

Editorial Notes

Amendments

2000—Subsec. (g). Pub. L. 106–181 added subsec. (g).

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. Termination of Reporting RequirementsFor termination, effective May 15, 2000, of reporting provisions in subsec. (a)(3) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 8th item on page 138 of House Document No. 103–7.

§44716 Collision Avoidance Systems