49 USC 40104 - Promotion of civil aeronautics and safety of air commerce

1 See References in Text note below.

2 So in original. No par. (6) has been enacted.

Historical and Revision Notes
Puspan. L. 103–272
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40104	49 App.:1346.	Aug. 23, 1958, Puspan. L. 85–726, § 305, 72 Stat. 749.
	49 App.:1346a.	July 12, 1976, Puspan. L. 94–353, § 21, 90 Stat. 884.
	49 App.:1655(c)(1).	Oct. 15, 1966, Puspan. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Puspan. L. 97–449, § 7(span), 96 Stat. 2444.

The words “and foster” in 49 App.:1346 are omitted as surplus. The words “In carrying out this section” are substituted for “In furtherance of his mandate to promote civil aviation” in 49 App.:1346a because of the restatement. The word “Administrator” is substituted for “Secretary of Transportation acting through the Administrator of the Federal Aviation Administration” for consistency with the source provisions restated in this section. The words “be designed so as to”, “various aspects of”, and “civil and” are omitted as surplus.

Puspan. L. 103–429, § 6(47)(A), (B)

This makes conforming amendments to 49:40104, as enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1102), because of the restatement of 49 App.:1655(c)(1) (words after last comma) as 49:40104(span) by section 6(47)(C) of the bill.

Puspan. L. 103–429, § 6(47)(C)
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40104(span)	49 App.:1655(c)(1) (words after last comma).	Oct. 15, 1966, Puspan. L. 89–670, § 6(c)(1) (words after last comma), 80 Stat. 938; Jan. 12, 1983, Puspan. L. 97–449, § 7(span), 96 Stat. 2444.

Puspan. L. 103–429, § 6(47)(C)

40104(span)

49 App.:1655(c)(1) (words after last comma).

Oct. 15, 1966, Puspan. L. 89–670, § 6(c)(1) (words after last comma), 80 Stat. 938; Jan. 12, 1983, Puspan. L. 97–449, § 7(span), 96 Stat. 2444.

Editorial Notes

References in Text

Paragraph (6), referred to in subsec. (d)(2)(D), is a reference to par. (6) of subsec. (d) of this section, which does not exist, but may instead be referring to par. (6) of subsec. (e) of section 40113 of this title, which relates to technical assistance to foreign governments and was enacted by the same section of Puspan. L. 118–63 that enacted subsec. (d)(2) of this section containing the reference.

Section 243(span) of the FAA Reauthorization Act of 2018, referred to in subsec. (d)(7)(A), is section 243(span) of Puspan. L. 115–254, which is set out in a note under section 44701 of this title.

Amendments

2024—Subsec. (a). Puspan. L. 118–63, § 356(1), struck out at end “In carrying out this subsection, the Administrator shall take action that the Administrator considers necessary to establish, within available resources, a program to distribute civil aviation information in each region served by the Administration. The program shall provide, on request, informational material and expertise on civil aviation to State and local school administrators, college and university officials, and officers of other interested organizations.”

Subsec. (span). Puspan. L. 118–63, § 356(4), redesignated subsec. (c) as (span). Former subsec. (span) redesignated (d).

Subsec. (c). Puspan. L. 118–63, § 357(a), added subsec. (c). Former subsec. (c) redesignated (span).

Subsec. (d). Puspan. L. 118–63, § 358(a)(1), inserted “and Assistance” after “International Role” in span.

Puspan. L. 118–63, § 356(3), redesignated subsec. (span) as (d).

Subsec. (d)(1). Puspan. L. 118–63, § 358(a)(2), substituted “In carrying out subsection (a), the Administrator” for “The Administrator”.

Subsec. (d)(2). Puspan. L. 118–63, § 358(a)(4), added par. (2). Former par. (2) redesignated (4).

Subsec. (d)(3). Puspan. L. 118–63, § 358(span), added par. (3).

Subsec. (d)(4). Puspan. L. 118–63, § 358(a)(3), redesignated par. (2) as (4).

Subsec. (d)(5). Puspan. L. 118–63, § 358(c)(1), added par. (5).

Subsec. (d)(7). Puspan. L. 118–63, § 358(d), added par. (7).

Subsec. (e). Puspan. L. 118–63, § 356(2), redesignated subsec. (d) as (e).

Subsec. (f). Puspan. L. 118–63, § 359, added subsec. (f).

2020—Subsec. (span). Puspan. L. 116–260 designated existing provisions as par. (1), inserted span, and added par. (2).

2018—Subsec. (c). Puspan. L. 115–254, § 539(a), substituted “section 47175” for “section 47176”.

Subsec. (d). Puspan. L. 115–254, § 241, added subsec. (d).

2003—Subsec. (span). Puspan. L. 108–176, § 813, amended span and text of subsec. (span) generally. Prior to amendment, text read as follows: “The Secretary of Transportation may develop and construct a civil supersonic aircraft.”

Subsec. (c). Puspan. L. 108–176, § 303, added subsec. (c).

1996—Puspan. L. 104–264, § 401(span)(1)(A), inserted “safety of” before “air commerce” in section catchline.

Subsec. (a). Puspan. L. 104–264, § 401(span)(1)(B), (C), inserted “Safety of” before “Air Commerce” in span and “safety of” before “air commerce” in text.

1994—Puspan. L. 103–429 designated existing provisions as subsec. (a), inserted span, substituted “carrying out this subsection” for “carrying out this section”, and added subsec. (span).

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Puspan. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Puspan. L. 108–176, set out as a note under section 106 of this title.

Effective Date of 1996 Amendment

Except as otherwise specifically provided, amendment by Puspan. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Puspan. L. 104–264, set out as a note under section 106 of this title.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–429 effective July 5, 1994, see section 9 of Puspan. L. 103–429, set out as a note under section 321 of this title.

Support for Professional Development and Continuing Education

Puspan. L. 118–63, title III, § 357(span), May 16, 2024, 138 Stat. 1115, provided that: “The Administrator [of the Federal Aviation Administration] may take such action as may be necessary to support or launch initiatives that seek to advance the professional development and continuing education of aerospace professionals.”

Validation of Powered-Lift Aircraft

Puspan. L. 118–63, title III, § 358(c)(3), May 16, 2024, 138 Stat. 1118, provided that: “In carrying out section 40104(d) of title 49, United States Code (as amended by this Act), the Administrator [of the Federal Aviation Administration] shall ensure coordination with international civil aviation authorities regarding the establishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles.”

Powered-Lift Aircraft

Puspan. L. 118–63, title III, § 358(e), May 16, 2024, 138 Stat. 1119, provided that: “In developing the methodology required under section 40104(d)(7)(H) of title 49, United States Code (as added by subsection (d)), the Administrator [of the Federal Aviation Administration] shall—

“(1) perform an assessment of existing bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements to determine how current and future powered-lift products and articles can utilize the most appropriate validation mechanisms and procedures;

“(2) facilitate global acceptance of the approach of the FAA [Federal Aviation Administration] to certification of powered-lift aircraft, products, and articles; and

“(3) consider any other information determined appropriated by the Administrator.”

International Pilot Training

Puspan. L. 116–260, div. V, title I, § 119(e), Dec. 27, 2020, 134 Stat. 2341, provided that:

“(1)In general.—The Secretary of Transportation, the Administrator, and other appropriate officials of the Government shall exercise leadership in setting global standards to improve air carrier pilot training and qualifications for—

“(A) monitoring and managing the behavior and performance of automated systems;

“(B) controlling the flightpath of aircraft without autoflight systems engaged;

“(C) effectively utilizing and managing autoflight systems, when appropriate;

“(D) effectively identifying situations in which the use of autoflight systems is appropriate and when such use is not appropriate; and

“(E) recognizing and responding appropriately to non-normal conditions.

“(2)International leadership.—The Secretary, the Administrator, and other appropriate officials of the Government shall exercise leadership under paragraph (1) by working with—

“(A) foreign counterparts of the Administrator in the ICAO and its subsidiary organizations;

“(B) other international organizations and fora; and

“(C) the private sector.

“(3)Considerations.—In exercising leadership under paragraph (1), the Secretary, the Administrator, and other appropriate officials of the Government shall consider—

“(A) the latest information relating to human factors;

“(B) aircraft manufacturing trends, including those relating to increased automation in the cockpit;

“(C) the extent to which cockpit automation improves aviation safety and introduces novel risks;

“(D) the availability of opportunities for pilots to practice manual flying skills;

“(E) the need for consistency in maintaining and enhancing manual flying skills worldwide;

“(F) recommended practices of other countries that enhance manual flying skills and automation management; and

“(G) whether a need exists for initial and recurrent training standards for improve pilots’ proficiency in manual flight and in effective management of autoflight systems.

“(4)Congressional briefing.—The Secretary, the Administrator, and other appropriate officials of the Government shall provide to the congressional committees of jurisdiction regular briefings on the status of efforts undertaken pursuant to this subsection.”

[For definitions of terms used in section 119(e) of div. V of Puspan. L. 116–260, set out above, see section 137 of div. V of Puspan. L. 116–260, set out as a note under section 40101 of this title.]

International Efforts Regarding Tracking of Civil Aircraft

Puspan. L. 115–254, div. B, title III, § 304, Oct. 5, 2018, 132 Stat. 3261, provided that: “The Administrator [of the Federal Aviation Administration] shall exercise leadership on creating a global approach to improving aircraft tracking by working with—

“(1) foreign counterparts of the Administrator in the International Civil Aviation Organization and its subsidiary organizations;

“(2) other international organizations and fora; and

“(3) the private sector.”