Sec. 510. Don Young Alaska Aviation Safety Initiative
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Chapter 447 of title 49, United States Code, is amended by adding at the end the following: The Administrator of the Federal Aviation Administration shall redesignate the FAA Alaska Aviation Safety Initiative of the Administration as the Don Young Alaska Aviation Safety Initiative (in this section referred to as the Initiative ), under which the Administrator shall carry out the provisions of this section and take such other actions as the Administrator determines appropriate to improve aviation safety in covered locations.
The objective of the Initiative shall be to work cooperatively with aviation stakeholders and other stakeholders towards the goal of— reducing the rate of fatal aircraft accidents in covered locations by 90 percent from 2019 to 2033; and by January 1, 2033, eliminating fatal accidents of aircraft operated by an air carrier that operates under part 135 of title 14, Code of Federal Regulations. The Administrator shall designate the Regional Administrator for the Alaskan Region of the Administration to serve as the Director of the Initiative.
In all matters relating to the Initiative, the Director of the Initiative shall report directly to the Administrator. The Director of the Initiative shall coordinate with the heads of other offices and lines of business of the Administration, including the other regional administrators, to carry out the Initiative. The Administrator shall ensure, to the greatest extent practicable, for the installation and operation of a covered automated weather system at each covered airport not later than December 31, 2030.
In complying with the requirement under paragraph (1), the Administrator may waive any positive benefit-cost ratio requirement for the installation and operation of a covered automated weather system. In developing the installation timeline of a covered automated weather system at a covered airport pursuant to this subsection, the Administrator shall— coordinate and consult with the governments with jurisdiction over covered locations, covered airports, air carriers operating in covered locations, private pilots based in covered locations, and such other members of the aviation community in covered locations; and prioritize early installation at covered airports that would enable the greatest number of instrument flight rule operations by air carriers operating under part 135 of title 14, Code of Federal Regulations.
Pertaining to both Federal and non-Federal systems, the Administrator shall be responsible for ensuring— the reliability of covered automated weather systems; and the availability of weather information from such systems. The Administrator shall establish data availability and equipment reliability specifications for covered automated weather systems. Not later than 2 years after the date of enactment of this section, the Administrator shall establish an automated weather system reliability and restoration plan.
Such plan shall document the Administrator’s strategy for ensuring covered automated weather system reliability, including the availability of weather information from such system, and for restoring service in as little time as possible. If a covered automated weather system is unable to broadly disseminate weather information due to a telecommunications failure or a failure other than an equipment failure, the Administrator shall take such actions as may be necessary to restore the full functionality and connectivity of the covered automated weather system.
The Administrator shall take actions under this subparagraph with the same urgency as the Administrator would take an action to repair a covered automated weather system equipment failure or data fidelity issue. In tabulating data relating to the operational status of covered automated weather systems (including individually or collectively), the Administrator may not consider a covered automated weather system that is functioning nominally but is unable to broadly disseminate weather information telecommunications failure or a failure other than an equipment failure as functioning reliably.
The Administrator shall consider storing excess inventory necessary air traffic control equipment, including commonly required replacement parts, in covered locations to reduce the amount of time necessary to acquire such equipment or such parts necessary to replace or repair air traffic control system components. Not later than 1 year after the date of enactment of this section, the Administrator shall take such actions as may be necessary to— deploy visual weather observation systems; and ensure that such systems are capable of meeting the definition of covered automated weather systems.
The Director shall continuously assess the state of the weather camera systems in covered locations to ensure the operational sufficiency and reliability of such systems. The Director shall— accept applications from persons to install weather cameras; and consult with the governments with jurisdiction over covered locations, covered airports, air carriers operating in covered locations, private pilots based in covered locations, and such other members of the aviation community in covered locations as the Administrator determines appropriate to solicit additional locations at which to install and operate weather cameras.
Unless the Director has clear and compelling evidence to the contrary, the Director shall presume that the installation of a weather camera at a covered airport, or that is recommended by a government with jurisdiction over a covered location, is cost beneficial and will improve aviation safety. In carrying out this section, the Administrator shall cooperate with the heads of other Federal or State agencies with responsibilities affecting aviation safety in covered locations, including the collection and dissemination of weather data.
The Director shall take such actions as may be necessary to— encourage and incentivize the equipage of aircrafts that operate under part 135 of title 14, Code of Federal Regulations, with automatic dependent surveillance and broadcast out equipment; and improve aviation surveillance and communications in covered locations. Not later than December 31, 2030, the Administrator shall ensure that automatic dependent surveillance and broadcast coverage is available at 5,000 feet above ground level throughout each covered location.
In complying with the requirement under paragraph (2), the Administrator shall waive any positive benefit-cost ratio requirement for the installation and operation of equipment and facilities necessary to implement such requirement. The Director shall continuously identify additional automatic dependent surveillance-broadcast service areas in which the deployment of automatic dependent surveillance-broadcast receivers and equipment would improve aviation safety. The Director shall continue to build upon other initiatives recommended in the reports of the FAA Alaska Aviation Safety Initiative of the Administration published before the date of enactment of this section.
The Director shall submit an annual report on the status and progress of the Initiative to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The report under paragraph
(1)shall include a detailed description of the Director’s progress in and plans for meeting the objectives of the Initiative under subsection
(b)and the other requirements of this section. The Director shall append stakeholder comments, organized by topic, to each report submitted under paragraph
(1)in the same manner as appendix 3 of the report titled FAA Alaska Aviation Safety Initiative FY21 Final Report , dated September 30, 2021. Notwithstanding any other provision of law, in fiscal years 2024 through 2028— the Administrator may, upon application from the government with jurisdiction over a covered location, use amounts apportioned to a covered location under subsection (d)(2)(B) or subsection (e)(5) of section 47114 to carry out the Initiative; or the sponsor of an airport in a covered location that receives an apportionment under subsection (d)(2)(B) or subsection
(e)of section 47114 may use such apportionment for any purpose contained in this section. Out of amounts made available under section 106(k) and section 48101, not more than a total of $25,000,000 for each of fiscal year 2024 through 2028 is authorized to be expended to carry out the Initiative. In this section: The term covered airport means an airport in a covered location that is included in the national plan of integrated airport systems required under section 47103 and that has a status other than unclassified in such plan. The term covered automated weather system means an automated or visual weather reporting facility that enables a pilot to begin an instrument procedure approach to an airport under section 91.1039 or 135.225 of title 14, Code of Federal Regulations. The term covered location means Alaska, Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands. . Section 40122(g) of title 49, United States Code, is amended by adding at the end the following: If the Administrator determines that a covered position has not been filled after multiple vacancy announcements and that there are unique circumstances affecting the ability of the Administrator to fill such position, the Administrator may consider, in consultation with the appropriate labor union, applicants for the covered position who apply under a vacancy announcement recruiting from the State or territory in which the position is based. In this paragraph, the term covered position means a safety-critical position based in Alaska, Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands. . Notwithstanding any other provision of law, the Secretary of Transportation may not require an airport to shorten a runway or prevent airport improvement grants made by the Secretary to be used for reconstructing and rehabilitating a primary runway on the basis that the airport does not have a sufficient number of aircraft operations requiring a certain runway length if— the airport is located in a covered location; the airport is not connected to the road transportation network; and the runway length is utilized by aircraft to deliver necessary cargo, including heating fuel and gasoline, for the community served by the airport. It is the sense of Congress that— the Regional Administrator for the Alaskan Region is a uniquely important position that contributes to aviation safety in the State of Alaska; vacancies in any Federal Aviation Administration office have a deleterious effect on the efficacy of the Alaskan Region office; a prolonged vacancy in the position of Regional Administrator for the Alaskan Region may be detrimental to the effective administration of such region and the Don Young Alaska Aviation Safety Initiative; and the Administrator of the Federal Aviation Administration should ensure that any vacancy in the position of Regional Administrator for the Alaskan Region is filled will a highly qualified candidate as expeditiously as possible. The Administrator of the Federal Aviation Administration shall notify the appropriate committees of Congress when there is a vacancy for the position of Regional Administrator for the Alaskan Region. Not later than 90 days after the notification under subparagraph
(A)(and every 30 days thereafter until the vacancy described under subparagraph
(A)is filled), the Administrator shall notify the appropriate committees of Congress of any vacancy of such position, if so, provide an estimated timeline for filling such vacancy. In this paragraph, the term appropriate committees of Congress means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. This paragraph shall cease to be effective after September 30, 2028. Not later than 3 years after the date of enactment of this Act, the Administrator shall takes such actions as may be necessary to implement National Transportation Safety Board recommendations A–22–25 and A–22–26 (as contained in Aviation Investigation Report AIR–22–09, adopted November 16, 2022). In taking actions under paragraph (1), the Administrator shall coordinate with the State of Alaska, airports in Alaska, air carriers operating in Alaska, private pilots (including tour operators) based in Alaska, and such other members of the Alaska aviation community or other stakeholders as the Administrator determines appropriate. The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: 44745. Don Young Alaska Aviation Safety Initiative. .