
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 502]
[CITE: 49USC44716]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
                     CHAPTER 447--SAFETY REGULATION
 
Sec. 44716. Collision avoidance systems

    (a) Development and Certification.--The Administrator of the Federal 
Aviation Administration shall--
        (1) complete the development of the collision avoidance system 
    known as TCAS-II so that TCAS-II can operate under visual and 
    instrument flight rules and can be upgraded to the performance 
    standards applicable to the collision avoidance system known as 
    TCAS-III;
        (2) develop and carry out a schedule for developing and 
    certifying TCAS-II that will result in certification not later than 
    June 30, 1989; and
        (3) submit to Congress monthly reports on the progress being 
    made in developing and certifying TCAS-II.

    (b) Installation and Operation.--The Administrator shall require by 
regulation that, not later than 30 months after the date certification 
is made under subsection (a)(2) of this section, TCAS-II be installed 
and operated on each civil aircraft that has a maximum passenger 
capacity of at least 31 seats and is used to provide air transportation 
of passengers, including intrastate air transportation of passengers. 
The Administrator may extend the deadline in this subsection for not 
more than 2 years if the Administrator finds the extension is necessary 
to promote--
        (1) a safe and orderly transition to the operation of a fleet of 
    civil aircraft described in this subsection equipped with TCAS-II; 
    or
        (2) other safety objectives.

    (c) Operational Evaluation.--Not later than December 30, 1990, the 
Administrator shall establish a one-year program to collect and assess 
safety and operational information from civil aircraft equipped with 
TCAS-II for the operational evaluation of TCAS-II. The Administrator 
shall encourage foreign air carriers that operate civil aircraft 
equipped with TCAS-II to participate in the program.
    (d) Amending Schedule for Windshear Equipment.--The Administrator 
shall consider the feasibility and desirability of amending the schedule 
for installing airborne low-altitude windshear equipment to make the 
schedule compatible with the schedule for installing TCAS-II.
    (e) Deadline for Development and Certification.--(1) The 
Administrator shall complete developing and certifying TCAS-III as soon 
as possible.
    (2) Necessary amounts may be appropriated from the Airport and 
Airway Trust Fund established under section 9502 of the Internal Revenue 
Code of 1986 (26 U.S.C. 9502) to carry out this subsection.
    (f) Installing and Using Transponders.--The Administrator shall 
prescribe regulations requiring that, not later than December 30, 1990, 
operating transponders with automatic altitude reporting capability be 
installed and used for aircraft operating in designated terminal 
airspace where radar service is provided for separation of aircraft. The 
Administrator may provide for access to that airspace (except terminal 
control areas and airport radar service areas) by nonequipped aircraft 
if the Administrator finds the access will not interfere with the normal 
traffic flow.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1198.)

                                          Historical and Revision Notes
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           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
44716(a)..............................  49 App.:1421(f)(1).              Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  601(f); added Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.  203(b),
                                                                          101 S
tat. 1518; Dec. 15, 1989, Pub. L.
                                                                          101-2
36, Sec.  2, 103 Stat. 2060.
44716(b)..............................  49 App.:1421(f)(2), (4).
44716(c)..............................  49 App.:1421(f)(3).
44716(d)..............................  49 App.:1421(f)(5).
44716(e)..............................  49 App.:1421 (note).             Dec. 3
0, 1987, Pub. L. 100-223, Sec.
                                                                          203(d
), 101 Stat. 1519.
44716(f)..............................  49 App.:1421(f)(6).
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    In subsection (c), the words ``In conducting the program'' are 
omitted as surplus.
    In subsection (e)(1), the word ``research'' is omitted as included 
in ``developing''.
    In subsection (e)(2), the words ``established under section 9502 of 
the Internal Revenue Code of 1986 (26 U.S.C. 9502)'' are added for 
consistency in the revised title.
    In subsection (f), the words ``Not later than 6 months after 
December 30, 1987, the Administrator shall promulgate a final rule'' and 
``Such final rule'' are omitted as executed.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 44701, 44711, 45302, 
46310, 47531 of this title.
