PRIA, Government Policy, Made Personal

Summary

The FAA must finish and certify the TCAS‑II traffic‑collision avoidance system so it works under both visual and instrument flight rules and can be upgraded toward TCAS‑III. Certification must be done by June 30, 1989, and the FAA must send monthly progress reports to Congress. Within 30 months after that certification, the FAA must require TCAS‑II on all civil planes with at least 31 passenger seats used for passenger service; the FAA can delay this deadline up to 2 years to keep the change safe or orderly. By December 30, 1990, the FAA must run a one‑year program to collect safety and operational data from planes with TCAS‑II and encourage foreign carriers to join. By that date the FAA must also require transponders that automatically report altitude in designated terminal airspace where radar separates traffic, though some non‑equipped aircraft may be allowed access if they won’t disrupt flow. The FAA must consider aligning the windshear‑equipment schedule with the TCAS‑II schedule and must finish developing and certifying TCAS‑III as soon as possible (funds may come from the Airport and Airway Trust Fund). By December 31, 2002, collision‑avoidance gear must be installed on cargo aircraft over 15,000 kilograms, with up to a 2‑year extension if needed; that gear must give cockpit collision detection, conflict‑resolution guidance with traffic display, and at least the same safety margin as TCAS‑II.

Title 49, §44716

Transportation, Source: USLM XML via OLRC

(a)Development and Certification.—

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)Installation and Operation.—

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)Operational Evaluation.—

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)Amending Schedule for Windshear Equipment.—

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)Deadline for Development and Certification.—

(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)Installing and Using Transponders.—

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)Cargo Collision Avoidance Systems.—

(1)In general.—

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)Extension of deadline.—

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)Collision avoidance equipment defined.—

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