S 3090 ISCommentsClose CommentsPermalink

To provide for adequate oversight and inspection by the Federal Aviation Administration of facilities outside the United States that perform maintenance and repair work on United States commercial aircraft, and for other purposes.CommentsClose CommentsPermalink

June 5, 2008CommentsClose CommentsPermalink

Mrs. MCCASKILL (for herself, Mr. SPECTER, Mr. OBAMA, and Mrs. CLINTON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

To provide for adequate oversight and inspection by the Federal Aviation Administration of facilities outside the United States that perform maintenance and repair work on United States commercial aircraft, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Safe Aviation Facilities Ensure Aircraft Integrity and Reliability Act of 2008’ or the ‘SAFE AIR Act of 2008’.CommentsClose CommentsPermalink

SEC. 2. ENHANCED OVERSIGHT AND INSPECTION OF REPAIR STATIONS.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Federal Aviation Administration.CommentsClose CommentsPermalink





(2) AIR CARRIER- The term ‘air carrier’ has the meaning given that term in section 40102(a) of title 49, United States Code.CommentsClose CommentsPermalink





(3) AIR TRANSPORTATION- The term ‘air transportation’ has the meaning given that term in such section 40102(a).CommentsClose CommentsPermalink





(4) AIRCRAFT- The term ‘aircraft’ has the meaning given that term in such section 40102(a).CommentsClose CommentsPermalink





(5) COVERED MAINTENANCE WORK- The term ‘covered maintenance work’ means maintenance work that is substantial, scheduled, or a required inspection item, as determined by the Administrator.CommentsClose CommentsPermalink





(6) PART 121 AIR CARRIER- The term ‘part 121 air carrier’ means an air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations (or any successor regulation).CommentsClose CommentsPermalink





(7) PART 145 REPAIR STATION- The term ‘part 145 repair station’ means a repair station that holds a certificate under part 145 of title 14, Code of Federal Regulations (or any successor regulation).CommentsClose CommentsPermalink





(8) UNITED STATES COMMERCIAL AIRCRAFT- The term ‘United States commercial aircraft’ means an aircraft registered in the United States and owned or leased by a commercial air carrier.CommentsClose CommentsPermalink





(b) Regulation of Repair Stations for Safety-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 447 of title 49, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 44730. REPAIR STATIONS.

‘(a) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) COVERED MAINTENANCE WORK- The term ‘covered maintenance work’ means maintenance work that is substantial, scheduled, or a required inspection item, as determined by the Administrator.CommentsClose CommentsPermalink





‘(2) PART 121 AIR CARRIER- The term ‘part 121 air carrier’ means an air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations (or any successor regulation).CommentsClose CommentsPermalink





‘(3) PART 145 REPAIR STATION- The term ‘part 145 repair station’ means a repair station that holds a certificate under part 145 of title 14, Code of Federal Regulations (or any successor regulation).CommentsClose CommentsPermalink





‘(4) UNITED STATES COMMERCIAL AIRCRAFT- The term ‘United States commercial aircraft’ means an aircraft registered in the United States and owned or leased by a commercial air carrier.CommentsClose CommentsPermalink





‘(b) Requirements for Maintenance Personnel Providing Covered Maintenance Work- Not later than 3 years after the date of the enactment of this section, the Administrator shall prescribe regulations requiring all covered maintenance work on United States commercial aircraft to be performed by maintenance personnel employed by--CommentsClose CommentsPermalink





‘(1) a part 145 repair station;CommentsClose CommentsPermalink





‘(2) a part 121 air carrier; orCommentsClose CommentsPermalink





‘(3) a person that provides contract maintenance personnel to a part 145 repair station or a part 121 air carrier, if such personnel--CommentsClose CommentsPermalink





‘(A) meet the requirements of such repair station or air carrier, as the case may be;CommentsClose CommentsPermalink





‘(B) work under the direct supervision and control of such repair station or air carrier, as the case may be; andCommentsClose CommentsPermalink





‘(C) carry out their work in accordance with the quality control manuals of such repair station or the maintenance manual of such air carrier, as the case may be.CommentsClose CommentsPermalink





‘(c) Certification of Inspection of Foreign Repair Stations- Not later than 2 years after the date of the enactment of this section, and annually thereafter, the Administrator shall certify to Congress that--CommentsClose CommentsPermalink





‘(1) each certified foreign repair station that performs maintenance work on an aircraft or a component of an aircraft for a part 121 air carrier has been inspected not fewer than 2 times in the preceding calendar year by an aviation safety inspector of the Federal Aviation Administration; andCommentsClose CommentsPermalink





‘(2) not fewer than 1 of the inspections required by paragraph (1) for each certified foreign repair station was carried out at such repair station without any advance notice to such foreign repair station.CommentsClose CommentsPermalink





‘(d) Drug and Alcohol Testing of Foreign Repair Station Personnel- Not later than 1 year after the date of the enactment of this section, the Administrator shall modify the certification requirements under part 145 of title 14, Code of Federal Regulations, to include testing for the use of alcohol or a controlled substance in accordance with section 45102 of this title of any individual employed by a foreign repair station and performing a safety-sensitive function on a United States commercial aircraft for a foreign repair station.’.CommentsClose CommentsPermalink





(2) TEMPORARY PROGRAM OF IDENTIFICATION AND OVERSIGHT OF NONCERTIFIED REPAIR FACILITIES-CommentsClose CommentsPermalink





(A) DEVELOP PLAN- Not later than 180 days after the date of the enactment of this Act, the Administrator shall develop a plan for a program--CommentsClose CommentsPermalink





(i) to require each part 121 air carrier to identify and submit to the Administrator a complete list of all noncertificated maintenance providers that perform covered maintenance work on United States commercial aircraft used by such part 121 air carriers to provide air transportation;CommentsClose CommentsPermalink





(ii) to validate lists described in clause (i) that are submitted by a part 121 air carrier to the Administrator by sampling the records of part 121 air carriers, such as maintenance activity reports and general vendor listings; andCommentsClose CommentsPermalink





(iii) to carry out surveillance and oversight by field inspectors of the Federal Aviation Administration of all noncertificated maintenance providers that perform covered maintenance work on United States commercial aircraft for part 121 air carriers.CommentsClose CommentsPermalink





(B) REPORT ON PLAN FOR PROGRAM- Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to Congress a report that contains the plan required by subparagraph (A).CommentsClose CommentsPermalink





(C) IMPLEMENTATION OF PLANNED PROGRAM- Not later than 1 year after the date of the enactment of this Act and until regulations are prescribed under section 44730(b) of title 49, United States Code, as added by paragraph (1), the Administrator shall carry out the plan required by subparagraph (A).CommentsClose CommentsPermalink





(D) ANNUAL REPORT ON IMPLEMENTATION- Not later than 180 days after the commencement of the plan under subparagraph (C) and each year thereafter until the regulations described in such subparagraph are prescribed, the Administrator shall submit to Congress a report on the implementation of the plan carried out under such subparagraph.CommentsClose CommentsPermalink





(3) CLERICAL AMENDMENT- The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘44730. Repairs stations.’.CommentsClose CommentsPermalink





(c) Regulation of Foreign Repair Stations for Security- Section 44924 of title 49, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(h) Compliance of Foreign Repair Stations With Security Regulations-CommentsClose CommentsPermalink





‘(1) PROHIBITION ON CERTIFICATION OF FOREIGN REPAIR STATIONS THAT DO NOT COMPLY WITH SECURITY REGULATIONS- The Administrator may not certify or recertify a foreign repair station under part 145 of title 14, Code of Federal Regulations, unless such foreign repair station is in compliance with all applicable final security regulations prescribed under subsection (f).CommentsClose CommentsPermalink





‘(2) NOTIFICATION TO AIR CARRIERS OF NONCOMPLIANCE BY FOREIGN REPAIR STATIONS- If the Under Secretary for Border and Transportation Security of the Department of Homeland Security is aware that a foreign repair station is not in compliance with a security regulation or that a security issue or vulnerability has been identified with respect to such foreign repair station in a security review or audit required under subsection (a) or any regulation prescribed under subsection (f), the Under Secretary shall provide notice to each air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations, of such noncompliance or security issue or vulnerability.’.CommentsClose CommentsPermalink





(d) Update of Foreign Repair Fee Schedule-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Administrator shall revise the methodology for computation of fees for certification services performed outside the United States under part 187 of title 14, Code of Federal Regulations, to cover fully the costs to the Federal Aviation Administration of such certification services, including--CommentsClose CommentsPermalink





(A) the costs of all related inspection services;CommentsClose CommentsPermalink





(B) all travel expenses, salary, and employment benefits of inspectors who provide such services; andCommentsClose CommentsPermalink





(C) any increased costs to the Administration resulting from requirements of this section.CommentsClose CommentsPermalink





(2) UPDATES- The Administrator shall periodically revise such methodology to account for subsequent changes in such costs to the Administration.CommentsClose CommentsPermalink





(e) Annual Report by Inspector General- Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Inspector General of the Department of Transportation shall submit to Congress a report on the implementation of--CommentsClose CommentsPermalink





(1) section 44730 of title 49, United States Code, as added by subsection (b)(1) of this section;CommentsClose CommentsPermalink





(2) subsection (b)(2) of this section;CommentsClose CommentsPermalink





(3) subsection (h) of section 44924 of such title, as added by subsection (c) of this section;CommentsClose CommentsPermalink





(4) subsection (d) of this section; andCommentsClose CommentsPermalink





(5) the regulations prescribed or amended under the provisions described in this subsection.CommentsClose CommentsPermalink