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Code · BILL · 118th Congress · H.R. 3935 (Engrossed in House) — To amend title 49, United States Code, to reauthorize and improve the Federal Aviation Administration and other civil... · Sec. 501

Sec. 501. Zero tolerance for near misses, runway incursions, and surface safety risks

1,123 words·~5 min read·/bill/118/hr/3935/eh/section-501·

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Section 47101(a) of title 49, United States Code, is amended— by redesignating paragraphs
(2)through
(13)as paragraphs
(3)through (14), respectively; and by inserting after paragraph
(1)the following: that projects, activities, and actions that prevent runway incursions serve to— improve airport surface surveillance; and mitigate surface safety risks that are essential to ensuring the safe operation of the airport and airway system; . Section 47101 of title 49, United States Code, is amended— in subsection
(g)by striking subsection (a)(5) and inserting subsection (a)(6) ; and in subsection
(h)by striking subsection (a)(6) and inserting subsection (a)(7) . In carrying out section 47101(a) of title 49, United States Code, as amended by this subsection, the Administrator of the Federal Aviation Administration shall establish a process to continuously track and evaluate ground traffic and air traffic activity and related incidents at airports. Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a council, to be known as the Runway Safety Council (in this section referred to as the Council ), to develop a systematic proactive management strategy to address surface safety risks. The duties of the Council shall include, at a minimum, advancing the development of risk-based, data driven, integrated systems solutions and strategies to enhance surface safety risk mitigation. In establishing the Council, the Administrator shall appoint at least 1 member from each of the following: Airport operators. Air carriers. Aircraft operators. Avionics manufacturers. Flight schools. The certified bargaining representative of aviation safety inspectors for the Administration. The exclusive bargaining representative of the air traffic controllers certified under section 7111 of title 5, United States Code. Other safety experts the Administrator determines appropriate. The Administrator may appoint members representing any other stakeholder organization that the Administrator determines appropriate to the Runway Safety Council. Not later than 180 days after the date of enactment of this Act, the Administrator shall, in coordination with the Council, consult with relevant stakeholders to identify technologies, equipment, and systems that— may provide airport surface surveillance capabilities at airports lacking such capabilities; may augment existing airport surface surveillance systems; or may provide onboard situational awareness to pilots. Not later than 1 year after the date of enactment of this Act, the Administrator shall— based on the information obtained pursuant to paragraph (1), identify airport surface surveillance systems that meet the standards of the Administration and may be able to— provide airport surface surveillance capabilities at airports lacking such capabilities; or augment existing airport surface surveillance systems; and establish clear and quantifiable criteria relating to operational factors, including ground traffic and air traffic activity and the rate of runway and terminal airspace safety events (including runway incursions), that determine when the installation and deployment of an airport surface surveillance system, or other runway safety system (including runway status lights), at an airport is required. Not later than 5 years after the date of enactment of this Act, the Administrator shall ensure that airport surface surveillance systems are deployed and operational at— all airports described in paragraph (2)(A); and all medium and large hub airports. Not later than 4 years after the date of enactment of this Act, the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the progress of the deployment described in paragraph (3). Not later than 3 years after the date of enactment of this Act, the Administrator shall assess, in coordination with the Council, automated foreign object debris monitoring and detection systems at not less than 3 airports that are using such systems. In conducting the assessment under paragraph (1), the Administrator shall consider the following: The categorization of an airport. The potential frequency of foreign object debris incidents on airport runways or adjacent ramp areas. The availability of funding for the installation and maintenance of foreign object debris monitoring and detection systems. The impact of such systems on the airfield operations of an airport. The effectiveness of available foreign object debris monitoring and detection systems. Any other factors relevant to assessing the return on investment of foreign object debris monitoring and detection systems. In carrying out this subsection, the Administrator and the Council shall consult with manufacturers and suppliers of foreign object debris detection technology and any other relevant stakeholders. Not later than 2 years after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with a federally funded research and development center to conduct a study of runway incursions, surface incidents, operational errors, or losses of standard separation of aircraft in the approach or departure phase of flight to determine how advanced technologies and future airport development projects may be able to reduce the frequency of such events and enhance aviation safety. In conducting the study under paragraph (1), the federally funded research and development center shall— examine data relating to recurring runway incursions, surface incidents, operational errors, or losses of standard separation of aircraft in the approach or departure phase of flight at airports to identify the underlying factors that caused such events; assess metrics used to identify when such events are increasing at an airport; assess available and developmental technologies, including and beyond such technologies considered in subsection (c), that may augment existing air traffic management capabilities of surface surveillance and terminal airspace equipment; consider growth trends in airport size, staffing and communication complexities to identify— future gaps in information exchange between aerospace stakeholders; and methods for meeting future near real-time information sharing needs; and examine airfield safety training programs used by airport tenants and other stakeholders operating on airfields of airports, including airfield familiarization training programs for employees, to assess scalability to handle future growth in airfield capacity and traffic. In conducting the study required by paragraph (1), the federally funded research and development center shall develop recommendations for the strategic planning efforts of the Administration to appropriately maintain surface safety considering future increases in air traffic and based on the considerations described in paragraph (2). Not later than 90 days after the completion of the study required by paragraph (1), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of such study and any recommendations developed under paragraph (3). In this section, the term airport surface detection and surveillance system means an airport surveillance system that is— designed to track surface movement of aircraft and vehicles; and capable of alerting air traffic controllers or flight crew members of a possible runway incursion, misaligned approach, or other safety event.
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