Airborne Collision Avoidance System upgrades
Title I — Civil Aviation Matters
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(a) In general Not later than 45 days after the date of enactment of this Act, the Administrator shall establish an aviation rulemaking committee (in this section referred to as the Committee) to review and develop findings and recommendations to require selected aircraft to be equipped and operating with ACAS Xa that is— (1) integrated and uses both ADS–B In and transponder interrogations, as required under the RTCA minimum operational performance standards for the Airborne Collision Avoidance System (DO–385A, issued June 22, 2023); and (2) is configured to provide visual and audible alerting to the pilot and flight crew. (b) Composition The Committee shall consist of members appointed by the Administrator, including representatives of— (1) air carriers operating under part 121 of title 14, Code of Federal Regulations, including regional air carriers and air carriers with a low-cost or ultra-low-cost business model; (2) air carriers operating under part 135 of title 14, Code of Federal Regulations; (3) air carriers operating under subpart K of part 91 of title 14, Code of Federal Regulations; (4) business aviation operators; (5) cargo air carriers; (6) air ambulance operators; (7) transport category aircraft manufacturers; (8) general aviation aircraft manufactures; (9) avionics manufacturers; (10) supplemental type certificate holders; (11) modification service providers; (12) exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code; (13) the certified bargaining representative of aviation safety inspectors and engineers for the Federal Aviation Administration; (14) organizations representing certified collective bargaining representatives of airline pilots; (15) aviation safety experts with specific knowledge of human factors or human factors experts with specific knowledge of aviation safety; (16) research institutions with relevant aviation safety or human factors subject matter expertise; (17) a representative from the National Transportation Safety Board with subject matter expertise as an observer; and (18) any other stakeholders the Administrator determines appropriate. (c) Considerations In developing the findings and recommendations under subsection (a), the Committee shall consider— (1) the anticipated certification timeline for ACAS Xa equipment given the technical complexity and requisite procedures for approval; (2) the feasibility of using the Line Replaceable Units of existing collision avoidance systems in such aircraft; (3) the feasibility of using existing antennas of existing collisions avoidance systems in such aircraft; (4) the commercial availability of all necessary components associated with integrated ACAS Xa; (5) actions the Administrator can take to prioritize the certification and installation of integrated ACAS Xa; (6) related changes that may be required for the operating rules and training necessary for air traffic controllers, pilots, and others; (7) harmonization of global standards associated with collision avoidance systems; and (8) any other considerations the Committee or the Administrator determines appropriate. (d) Report Not later than 1 year after the date of establishment of the Committee, the Committee shall submit to the Administrator and the appropriate committees of Congress a report containing the findings and recommendations of the Committee. (e) Rulemaking (1) In general Not later than 18 months after the submission of the report under subsection (d) or 32 months after the date of enactment of this Act (whichever is earlier), the Administrator shall issue a notice of proposed rulemaking to prohibit persons from operating selected aircraft unless such aircraft are equipped and operating with ACAS Xa that— (A) is integrated and uses both ADS–B In and transponder interrogations, as required under the RTCA minimum operational performance standards for the Airborne Collision Avoidance System (DO–385A, issued June 22, 2023); and (B) provides visual and audible alerting to the pilot and flight crew. (2) Contents The notice of proposed rulemaking described in paragraph (1) shall include, at a minimum— (A) appropriate guidance for certification of ACAS Xa; (B) a deadline, not to exceed December 31, 2031, for any newly manufactured selected aircraft to be equipped with ACAS Xa that reflects various aircraft types, appropriate maintenance cycles, and required updates to appropriate guidance after certification of ACAS Xa; (C) a deadline, not to exceed December 31, 2031, for existing selected aircraft to be retrofit with ACAS Xa that reflects various aircraft types, appropriate maintenance cycles, and required updates to appropriate guidance after certification of ACAS Xa; (D) if the new minimal operating performance standards promulgated under subsection (f) require an upgrade of software, an upgrade of hardware, or additional training, a deadline for selected aircraft to be upgraded, not to exceed December 31, 2033; and (E) a process by which the Administrator may extend the deadlines specified in subparagraphs (B) and (C), not to exceed a period of 2 years, provided that the Administrator provides a report to the appropriate committees of Congress within 14 days of taking such action, with the reasons justifying such action and an assurance that safety will not be compromised by the delay. (3) Final rule Not later than 1 year after the issuance of the notice of proposed rulemaking required under paragraph (1)(A), the Administrator shall issue a final rule to carry out the requirements of this section. (f) Modification of minimal operating performance standards Not later than 30 days after the issuance of a final rule under subsection (e), the Administrator shall work with the appropriate standards-setting organization to update the minimal operation standards for ACAS Xa to— (1) if the evaluation conducted pursuant to section 101 determines that inhibit altitudes can be safely decreased, safely decrease the inhibit altitude in accordance with the results of such evaluation; (2) update traffic advisory aural alert standards to include clock position, relative altitude, range, and vertical tendency; and (3) integrate directional traffic symbols into visual displays. (g) Technical assistance The Administrator shall provide technical assistance for facilitating equipage across the entire fleet of affected aircraft, including, as appropriate, guidance under part 26 of title 14, Code of Federal Regulations, to provide support for affected aircraft operators in complying with the requirements of this section. (h) Selected aircraft defined In this section, the term selected aircraft means aircraft that are required to be equipped with traffic alert and collision avoidance systems as required in sections 121.356, 135.180, and 91.1045 of title 14, Code of Federal Regulations.
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