
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 714]
[Document affected by Public Law 106-181 Section 513]
[Document affected by Public Law 106-181 Section 732]
[Document affected by Public Law 106-181 Section 504(c)]
[Document affected by Public Law 106-181 Section 505(a)(2)]
[Document affected by Public Law 106-181 Section 603(b)]
[CITE: 49USC44701]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
                     CHAPTER 447--SAFETY REGULATION
 
Sec. 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) 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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1185; Pub. L. 103-
429, Sec. 6(55), Oct. 31, 1994, 108 Stat. 4385.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
44701(a)..............................  49 App.:1421(a).                 Aug. 2
3, 1958, Pub. L. 85-726, Secs.
                                                                          601(a
), (b) (1st sentence related to
                                                                          stand
ards, rules, and regulations,
                                                                          last 
sentence), (c), 604(a) (related
                                                                          to st
andards), 72 Stat. 775, 778.
                                        49 App.:1655(c)(1).              Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(
1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. 
L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
44701(b)..............................  49 App.:1424(a) (related to
                                         standards).
                                        49 App.:1432(a) (related to      Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         standards).                      731, 
Sec.  612(a) (related to
                                                                          stand
ards); added May 21, 1970, Pub.
                                                                          L. 91
-258, Sec.  51(b)(1), 84 Stat.
                                                                          234; 
restated Sept. 3, 1982, Pub. L.
                                                                          97-24
8, Sec.  525(a), 96 Stat. 697.
                                        49 App.:1655(c)(1).
44701(c)..............................  49 App.:1421(b) (last
                                         sentence).
                                        49 App.:1655(c)(1).
44701(d)..............................  49 App.:1421(b) (1st sentence
                                         related to standards, rules,
                                         and regulations).
                                        49 App.:1655(c)(1).
44701(e)..............................  49 App.:1421(c).
                                        49 App.:1655(c)(1).
-------------------------------------------------------------------------------
---------------------------------

    In this section, the word ``Administrator'' in sections 601(a)-(c) 
and 604 of the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 
775, 778) is retained on authority of 49:106(g).
    In subsection (a), before clause (1), the words ``is empowered and 
it . . . be his duty to'' and ``and revising from time to time'' are 
omitted as surplus. In clause (1), the words ``as may be'' are omitted 
as surplus. In clauses (2)-(5), the words ``Reasonable'' and 
``reasonable'' are omitted as surplus and the word ``rules'' is omitted 
as being synonymous with ``regulations''. In clause (5), the words ``to 
provide adequately'' are omitted as surplus.
    In subsection (b)(1), the words ``the operation of'' are omitted as 
surplus. The words ``under section 44705 of this title'' are added for 
clarity.
    In subsection (b)(2), the words ``scheduled or unscheduled'' are 
omitted as surplus.
    In subsection (c), the words ``carry out'' are substituted for 
``exercise and perform his powers and duties under'', and the words ``in 
carrying out'' are substituted for ``in the administration and 
enforcement of'', for consistency and to eliminate unnecessary words.
    In subsection (d), before clause (1), the word ``rules'' is omitted 
as being synonymous with ``regulations''. In clause (1), before 
subclause (A), the word ``full'' is omitted as surplus. In clause 
(1)(A), the word ``provide'' is substituted for ``perform'' for 
consistency in the revised title.
    In subsection (e), the words ``from time to time'' are omitted as 
surplus. The word ``rule'' is omitted as being synonymous with 
``regulation''.


                             Pub. L. 103-429

    This amends 49:44701(d) and (e) to correct erroneous cross-
references.


                               Amendments

    1994--Subsecs. (d), (e). Pub. L. 103-429 substituted ``any of 
sections 44702-44716'' for ``section 44702-44716''.


                    Effective Date of 1994 Amendment

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


                       Aviation Medical Assistance

    Pub. L. 105-170, Apr. 24, 1998, 112 Stat. 47, provided that:
``SECTION 1. SHORT TITLE.
    ``This Act may be cited as the `Aviation Medical Assistance Act of 
1998'.
``SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING.
    ``Not later than 1 year after the date of the enactment of this Act 
[Apr. 24, 1998], the Administrator of the Federal Aviation 
Administration shall reevaluate regulations regarding: (1) the equipment 
required to be carried in medical kits of aircraft operated by air 
carriers; and (2) the training required of flight attendants in the use 
of such equipment, and, if the Administrator determines that such 
regulations should be modified as a result of such reevaluation, shall 
issue a notice of proposed rulemaking to modify such regulations.
``SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT.
    ``(a) In General.--During the 1-year period beginning on the 90th 
day following the date of the enactment of this Act [Apr. 24, 1998], a 
major air carrier shall make a good faith effort to obtain, and shall 
submit quarterly reports to the Administrator of the Federal Aviation 
Administration on, the following:
        ``(1) The number of persons who died on aircraft of the air 
    carrier, including any person who was declared dead after being 
    removed from such an aircraft as a result of a medical incident that 
    occurred on such aircraft.
        ``(2) The age of each such person.
        ``(3) Any information concerning cause of death that is 
    available at the time such person died on the aircraft or is removed 
    from the aircraft or that subsequently becomes known to the air 
    carrier.
        ``(4) Whether or not the aircraft was diverted as a result of 
    the death or incident.
        ``(5) Such other information as the Administrator may request as 
    necessary to aid in a decision as to whether or not to require 
    automatic external defibrillators in airports or on aircraft 
    operated by air carriers, or both.
    ``(b) Format.--The Administrator may specify a format for reports to 
be submitted under this section.
``SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS.
    ``(a) In General.--Not later than 120 days after the last day of the 
1-year period described in section 3, the Administrator of the Federal 
Aviation Administration shall make a decision on whether or not to 
require automatic external defibrillators on passenger aircraft operated 
by air carriers and whether or not to require automatic external 
defibrillators at airports.
    ``(b) Form of Decision.--A decision under this section shall be in 
the form of a notice of proposed rulemaking requiring automatic external 
defibrillators in airports or on passenger aircraft operated by air 
carriers, or both, or a recommendation to Congress for legislation 
requiring such defibrillators or a notice in the Federal Register that 
such defibrillators should not be required in airports or on such 
aircraft. If a decision under this section is in the form of a notice of 
proposed rulemaking, the Administrator shall make a final decision not 
later than the 120th day following the date on which comments are due on 
the notice of proposed rulemaking.
    ``(c) Contents.--If the Administrator decides that automatic 
external defibrillators should be required--
        ``(1) on passenger aircraft operated by air carriers, the 
    proposed rulemaking or recommendation shall include--
            ``(A) the size of the aircraft on which such defibrillators 
        should be required;
            ``(B) the class flights (whether interstate, overseas, or 
        foreign air transportation or any combination thereof) on which 
        such defibrillators should be required;
            ``(C) the training that should be required for air carrier 
        personnel in the use of such defibrillators; and
            ``(D) the associated equipment and medication that should be 
        required to be carried in the aircraft medical kit; and
        ``(2) at airports, the proposed rulemaking or recommendation 
    shall include--
            ``(A) the size of the airport at which such defibrillators 
        should be required;
            ``(B) the training that should be required for airport 
        personnel in the use of such defibrillators; and
            ``(C) the associated equipment and medication that should be 
        required at the airport.
    ``(d) Limitation.--The Administrator may not require automatic 
external defibrillators on helicopters and on aircraft with a maximum 
payload capacity (as defined in section 119.3 of title 14, Code of 
Federal Regulations) of 7,500 pounds or less.
    ``(e) Special Rule.--If the Administrator decides that automatic 
external defibrillators should be required at airports, the proposed 
rulemaking or recommendation shall provide that the airports are 
responsible for providing the defibrillators.
``SEC. 5. LIMITATIONS ON LIABILITY.
    ``(a) Liability of Air Carriers.--An air carrier shall not be liable 
for damages in any action brought in a Federal or State court arising 
out of the performance of the air carrier in obtaining or attempting to 
obtain the assistance of a passenger in an in-flight medical emergency, 
or out of the acts or omissions of the passenger rendering the 
assistance, if the passenger is not an employee or agent of the carrier 
and the carrier in good faith believes that the passenger is a medically 
qualified individual.
    ``(b) Liability of Individuals.--An individual shall not be liable 
for damages in any action brought in a Federal or State court arising 
out of the acts or omissions of the individual in providing or 
attempting to provide assistance in the case of an in-flight medical 
emergency unless the individual, while rendering such assistance, is 
guilty of gross negligence or willful misconduct.
``SEC. 6. DEFINITIONS.
    ``In this Act--
        ``(1) the terms `air carrier', `aircraft', `airport', 
    `interstate air transportation', `overseas air transportation', and 
    `foreign air transportation' have the meanings such terms have under 
    section 40102 of title 49, United States Code;
        ``(2) the term `major air carrier' means an air carrier 
    certificated under section 41102 of title 49, United States Code, 
    that accounted for at least 1 percent of domestic scheduled-
    passenger revenues in the 12 months ending March 31 of the most 
    recent year preceding the date of the enactment of this Act [Apr. 
    24, 1998], as reported to the Department of Transportation pursuant 
    to part 241 of title 14 of the Code of Federal Regulations; and
        ``(3) the term `medically qualified individual' includes any 
    person who is licensed, certified, or otherwise qualified to provide 
    medical care in a State, including a physician, nurse, physician 
    assistant, paramedic, and emergency medical technician.''

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 44704, 44711, 44717, 
45302, 46310, 47531 of this title.
