49 U.S.C. § 44701 : US Code - Section 44701: General requirements

Search 49 U.S.C. § 44701 : US Code - Section 44701: General requirements

(a) Promoting Safety. - The Administrator of the Federal Aviation
Administration shall promote safe flight of civil aircraft in air
commerce by prescribing -
(1) minimum standards required in the interest of safety for
appliances and for the design, material, construction, quality of
work, and performance of aircraft, aircraft engines, and
propellers;
(2) regulations and minimum standards in the interest of safety
for -
(A) inspecting, servicing, and overhauling aircraft, aircraft
engines, propellers, and appliances;
(B) equipment and facilities for, and the timing and manner
of, the inspecting, servicing, and overhauling; and
(C) a qualified private person, instead of an officer or
employee of the Administration, to examine and report on the
inspecting, servicing, and overhauling;
(3) regulations required in the interest of safety for the
reserve supply of aircraft, aircraft engines, propellers,
appliances, and aircraft fuel and oil, including the reserve
supply of fuel and oil carried in flight;
(4) regulations in the interest of safety for the maximum hours
or periods of service of airmen and other employees of air
carriers; and
(5) regulations and minimum standards for other practices,
methods, and procedure the Administrator finds necessary for
safety in air commerce and national security.
(b) Prescribing Minimum Safety Standards. - The Administrator may
prescribe minimum safety standards for -
(1) an air carrier to whom a certificate is issued under
section 44705 of this title; and
(2) operating an airport serving any passenger operation of air
carrier aircraft designed for at least 31 passenger seats.
(c) Reducing and Eliminating Accidents. - The Administrator shall
carry out this chapter in a way that best tends to reduce or
eliminate the possibility or recurrence of accidents in air
transportation. However, the Administrator is not required to give
preference either to air transportation or to other air commerce in
carrying out this chapter.
(d) Considerations and Classification of Regulations and
Standards. - When prescribing a regulation or standard under
subsection (a) or (b) of this section or any of sections 44702-
44716 of this title, the Administrator shall -
(1) consider -
(A) the duty of an air carrier to provide service with the
highest possible degree of safety in the public interest; and
(B) differences between air transportation and other air
commerce; and
(2) classify a regulation or standard appropriate to the
differences between air transportation and other air commerce.
(e) Bilateral Exchanges of Safety Oversight Responsibilities. -
(1) In general. - Notwithstanding the provisions of this
chapter, the Administrator, pursuant to Article 83 bis of the
Convention on International Civil Aviation and by a bilateral
agreement with the aeronautical authorities of another country,
may exchange with that country all or part of their respective
functions and duties with respect to registered aircraft under
the following articles of the Convention: Article 12 (Rules of
the Air); Article 31 (Certificates of Airworthiness); or Article
32a (Licenses of Personnel).
(2) Relinquishment and acceptance of responsibility. - The
Administrator relinquishes responsibility with respect to the
functions and duties transferred by the Administrator as
specified in the bilateral agreement, under the Articles listed
in paragraph (1) for United States-registered aircraft described
in paragraph (4)(A) transferred abroad and accepts responsibility
with respect to the functions and duties under those Articles for
aircraft registered abroad and described in paragraph (4)(B) that
are transferred to the United States.
(3) Conditions. - The Administrator may predicate, in the
agreement, the transfer of functions and duties under this
subsection on any conditions the Administrator deems necessary
and prudent, except that the Administrator may not transfer
responsibilities for United States registered aircraft described
in paragraph (4)(A) to a country that the Administrator
determines is not in compliance with its obligations under
international law for the safety oversight of civil aviation.
(4) Registered aircraft defined. - In this subsection, the term
"registered aircraft" means -
(A) aircraft registered in the United States and operated
pursuant to an agreement for the lease, charter, or interchange
of the aircraft or any similar arrangement by an operator that
has its principal place of business or, if it has no such place
of business, its permanent residence in another country; and
(B) aircraft registered in a foreign country and operated
under an agreement for the lease, charter, or interchange of
the aircraft or any similar arrangement by an operator that has
its principal place of business or, if it has no such place of
business, its permanent residence in the United States.
(f) Exemptions. - The Administrator may grant an exemption from a
requirement of a regulation prescribed under subsection (a) or (b)
of this section or any of sections 44702-44716 of this title if the
Administrator finds the exemption is in the public interest.