Sec. 365. MODERNIZATION AND IMPROVEMENTS TO AIRCRAFT EVACUATION
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## SEC. 365 MODERNIZATION AND IMPROVEMENTS TO AIRCRAFT EVACUATION **[**[49 U.S.C. 44701 note](/us/usc/t49/s44701)**]** ###
(a)Study ####
(1)In general Not later than 1 year after the date of enactment of this Act, the Administrator shall conduct a study on improvements to the safety and efficiency of evacuation standards for manufacturers and carriers of transport category airplanes, as described in parts 25 and 121 of title 14, Code of Federal Regulations. ####
(2)Contents #####
(A)Requirements The study required under paragraph
(1)shall include— ######
(i)a prospective risk analysis, as well as an evaluation of relevant past incidents with respect to evacuation safety and evacuation standards; ######
(ii)an assessment of the evacuation testing procedures described in section 25.803 of such title 14, as well as recommendations for how to revise such testing procedures to ensure that the testing procedures assess, in a safe manner, the ability of passengers with disabilities, including passengers who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft; ######
(iii)an assessment of the evacuation demonstration procedures described in such part 121, as well as recommendations for how to improve such demonstration procedures to ensure that the demonstration procedures assess, in a safe manner, the ability of passengers with disabilities, including passengers who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft; ######
(iv)the research proposed in National Transportation Safety Board Safety Recommendation A-18-009; and ######
(v)any other analysis determined appropriate by the Administrator. #####
(B)Considerations In conducting the study under paragraph (1), the Administrator shall assess the following: ######
(i)The ability of passengers of different ages (including infants, children, and senior citizens) to safely and efficiently evacuate a transport category airplane. ######
(ii)The ability of passengers of different heights and weights to safely and efficiently evacuate a transport category airplane. ######
(iii)The ability of passengers with disabilities to safely and efficiently evacuate a transport category airplane. ######
(iv)The ability of passengers who cannot speak, have difficulty speaking, use synthetic speech, or are non-vocal or non-verbal to safely and efficiently evacuate a transport category airplane. ######
(v)The ability of passengers who do not speak English to safely and efficiently evacuate a transport category airplane. ######
(vi)The impact of the presence of carry-on luggage and personal items (such as a purse, briefcase, laptop, or backpack) on the ability of passengers to safely and efficiently evacuate a transport category airplane. ######
(vii)The impact of seat size and passenger seating space and pitch on the ability of passengers to safely and efficiently evacuate a transport category airplane. ######
(viii)The impact of seats and other obstacles in the pathway to the exit opening from the nearest aisle on the ability of passengers to safely and efficiently evacuate a transport category airplane. ######
(ix)With respect to aircraft with parallel longitudinal aisles, the impact of seat pods or other seating configurations that block access between such aisles within a cabin on the ability of passengers to safely and efficiently evacuate a transport category airplane. ######
(x)The impact of passenger load on the ability of passengers to safely and efficiently evacuate a transport category airplane. ######
(xi)The impact of animals approved to accompany a passenger, including service animals, on the ability of passengers to safely and efficiently evacuate a transport category airplane. ######
(xii)Whether an applicant for a type certificate (as defined in section 44704(e)(7) of title 49, United States Code) should be required to demonstrate compliance with FAA emergency evacuation regulations (as described in section 25.803 and Appendix J of part 25 of title 14, Code of Federal Regulations) through live testing in any case in which the Administrator determines that the new aircraft design is significant. ######
(xiii)Any other factor determined appropriate by the Administrator. #####
(C)Definitions In this paragraph: ######
(i)Passenger load The term “passenger load” means the number of passengers relative to the number of seats onboard the aircraft. ######
(ii)Passengers with disabilities The term “passengers with disabilities” means any qualified individual with a disability, as defined in section 382.3 of title 14, Code of Federal Regulations. ###
(b)Aviation Rulemaking Committee for Evacuation Standards ####
(1)In general Not later than 180 days after the completion of the study conducted under subsection (a), the Administrator shall establish an aviation rulemaking committee (in this section referred to as the “Committee”) to— #####
(A)review the findings of the study; and #####
(B)develop and submit to the Administrator recommendations regarding improvements to the evacuation standards described in parts 25 and 121 of title 14, Code of Federal Regulations. ####
(2)Composition The Committee shall consist of members appointed by the Administrator, including the following: #####
(A)Representatives of industry. #####
(B)Representatives of aviation labor organizations. #####
(C)Aviation safety experts with specific knowledge of the evacuation standards and requirements under such parts 25 and 121. #####
(D)Representatives of individuals with disabilities with specific knowledge of accessibility standards regarding evacuations in emergency circumstances. #####
(E)Representatives of the senior citizen community. #####
(F)Representatives of pediatricians. ####
(3)Considerations In reviewing the findings of the study conducted under subsection
(a)and developing recommendations regarding the improvement of the evacuation standards under subsection (b)(1)(B), the Committee shall consider the following: #####
(A)The recommendations made by any prior aviation rulemaking committee regarding the evacuation standards described in such parts 25 and 121. #####
(B)Scientific data derived from the study conducted under subsection (a). #####
(C)Any data gathered from aviation safety reporting programs. #####
(D)The cost-benefit analysis and risk analysis of any recommended standards. #####
(E)Any other item determined appropriate by the Committee. ###
(c)Report to Congress Not later than 180 days after the date on which the Committee submits to the Administrator the recommendations under subsection (b)(1)(B), the Administrator shall submit to the appropriate committees of Congress a report on— ####
(1)the findings of the study conducted under subsection (a); ####
(2)the recommendations of the Committee under subsection (b)(1)(B); and ####
(3)the Administrator’s plan, if any, to implement such recommendations. ###
(d)Rulemaking Not later than 90 days after submitting to Congress the report under subsection (c), the Administrator shall issue a notice of proposed rulemaking to implement the recommendations of the Committee that the Administrator considers appropriate.
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Sec. 365
MODERNIZATION AND IMPROVEMENTS TO AIRCRAFT EVACUATION
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