Collision mitigation systems

(a) In general Not later than 45 days after the date of enactment of this Act, the Administrator shall initiate a negotiated rulemaking proceeding to require covered aircraft to be equipped with collision mitigation technology. (b) Composition The committee convened for the negotiated rulemaking described in subsection (a) (in this section referred to as the Committee) shall include participation from representatives of the following: (1) Air carriers operating under part 121 of title 14, Code of Federal Regulations. (2) Air carriers operating under part 135 of title 14, Code of Federal Regulations. (3) Air carriers operating under part 91 of title 14, Code of Federal Regulations. (4) Organizations representing helicopter aviation operators and pilots. (5) Organizations representing the general aviation community. (6) Organizations representing business aviation operators. (7) Organizations representing experimental aircraft operators. (8) Transport category aircraft manufacturers. (9) General aviation aircraft manufactures. (10) Rotorcraft manufacturers. (11) Avionics manufacturers. (12) Supplemental type certificate holders. (13) Aircraft modification service providers. (14) Exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code. (15) Certified bargaining representative of aviation safety inspectors and engineers for the FAA. (16) Not less than 3 organizations representing certified collective bargaining representatives of airline pilots operating under part 121 of title 14, Code of Federal Regulations. (17) Aviation safety experts with specific knowledge of human factors or human factors experts with specific knowledge of aviation safety. (c) Considerations In the negotiated rulemaking required under this section, the Committee shall consider— (1) relevant collision avoidance technology regulation, guidance, and policies; (2) available and projected software that can predict aircraft movements based on data from Automatic Dependent Surveillance-Broadcast (in this section referred to as ADS–B), Mode S, Mode C, or other transponders; (3) the necessity of 2 independently verified data sources to activate traffic resolution advisories that require compliance by flight crews to maneuver a covered aircraft regardless of air traffic control instructions; (4) the margin of error and accuracy of technologies listed in paragraph (2); (5) the ways in which collision mitigation technologies can further the accuracy and efficacy of surface surveillance technologies; (6) potential opportunities to extend existing surface safety technologies to address the risk of midair collisions; (7) the effort of the Administrator to modernize the air traffic control system, including timelines, technologies being incorporated, and planned trainings; (8) the role of air traffic controllers in ensuring aircraft separation; (9) the potential benefits and consequences to safety of a phased implementation of effective dates based on types of aircraft and operations; (10) the time it will take for the certification of collision mitigation technologies under chapter 447 of title 49, United States Code; (11) the capacity of the aerospace supply chain to manufacture necessary equipment; (12) how to ensure broad compliance without egregiously disproportionate implementation timelines between operators; (13) ongoing rulemakings required under section 102 and section 103 of this Act; (14) the use of existing air traffic control deviation authorization tools to implement the requirement in subsection (j)(1)(B); (15) the requirements for the final rule as specified in subsection (f); and (16) any other considerations the Administrator determines appropriate. (d) Deadline for Committee deliberation Not later than 18 months after the initiation of the rulemaking proceeding under subsection (a), the Committee shall conclude deliberations and submit to the Administrator and the appropriate committees of Congress— (1) if the Committee reaches consensus, a report containing the proposed rule and other applicable records as determined by the Committee; or (2) if the Committee does not reach consensus, any proposed language in which the Committee reached partial consensus, a summary of issues preventing total consensus, and any other information, recommendations, or materials created during deliberations. (e) Proposed rule and congressional briefing Not later than 30 days after receiving the report or information, as applicable, required under subsection (d) from the Committee, the Administrator shall submit a proposed rule to the appropriate committees of Congress and thereafter brief the appropriate committees of Congress on such report or information. (f) Final rule Not later than 2 years after the initiation of the rulemaking proceeding under subsection (a), the Administrator shall issue a final rule to carry out the requirements of this section that incorporates the recommendations from the Committee. (g) Requirements for final rule In issuing the final rule required under subsection (f), the Administrator shall— (1) require that covered aircraft be equipped with technologies capable of receiving ADS–B transmissions (in this section referred to as ADS-B In); (2) establish performance requirements for equipping collision mitigation technology that, as determined by the Administrator, are appropriate for the covered aircraft and the operations, including the operating environment; (3) in establishing the performance requirements described in paragraph (2)— (A) require such technology be configured to provide audible alerting to the pilot and flight crew; (B) consider the field of view of the pilots, human factors, and, if applicable, mounting method of such technology, to ensure that such technology can be readily utilized and has minimal risk of unexpected detachment; (C) require that covered aircraft equipped with technologies that issue traffic resolution advisories are receiving and integrating into such resolution advisories not less than 2 independently verified data sources; and (D) consider the utilization of existing antenna locations or the placement of new antenna used to receive and, if applicable, transmit, data used in collision mitigation technology; (4) identify existing or issue additional relevant guidance or technical standard orders to carry out the requirements of this section; and (5) establish an effective date not later than December 31, 2031, for equipping the covered aircraft with technology described in subsection (a) that reflects various aircraft types, appropriate maintenance cycles, and required updates to appropriate guidance for such technology after certification of such technologies. (h) Alternative means of compliance In issuing the final rule required under this section, the Administrator shall allow for an alternative means of compliance that provides an equivalent level of safety— (1) that leverages alternative equipment or technology that utilizes the use of portable ADS–B In receivers or other equipment that displays on an existing or future portable device, electronic flight bag or panel mounted display; and (2) allows for the continued use of any portable or installed collision mitigation technology in use at the time of the effective date established in subsection (g)(5). (i) Administrative provision The Administrator may designate the Committee in a manner that would provide the Committee the same dispensation as if the Administrator had designated it as an aviation rulemaking committee under section 106(p)(5)(B) of title 49, United States Code. (j) Definitions In this section: (1) Covered aircraft The term covered aircraft — (A) means— (i) a turbine-powered civil aircraft (as such term is defined in section 40102 of title 49, United States Code) required to be equipped with ADS–B Out under section 91.225 of title 14, Code of Federal Regulations; and (ii) a civil aircraft, not including aircraft specified in section 91.225(e) of title 14, Code of Federal Regulations, operating in class B and Class C airspace areas and areas designated by section 91.225(d)(3) of title 14, Code of Federal Regulations; and (B) excludes aircraft manufactured before the date of enactment of this Act that have a limited category special airworthiness certificate or an experimental airworthiness certificate, provided the pilot of such aircraft is authorized to deviate from the requirements of this section, to operate in the airspace areas described in subparagraph (A)(ii), by air traffic control in the same manner ADS–B Out deviations are approved under section 91.225(g) of title 14, Code of Federal Regulations. (2) Collision mitigation technology The term collision mitigation technology means equipment that receives and process ADS–B transmissions that are broadcast in accordance with part 91.225 and 91.227 of title 14, Code of Federal Regulations, or any successor regulations, and other aviation advisory information from ground stations, that provides the aircraft with awareness to the location of other aircraft and traffic advisories.