The following are excerpts, highlighted in red, from the final legislation and/or conference report which contain references to and studies for The National Academies. (Pound signs [##] between passages denote the deletion of unrelated text.)
HR5900 Oberstar (D-Minn.) 7/30/10
Enrolled (finally passed both houses)
To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend airport improvement program project grant authority and to improve airline safety, and for other purposes.
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TITLE II—AIRLINE SAFETY AND PILOT TRAINING IMPROVEMENT
SEC. 212. PILOT FATIGUE.
(a) Flight and Duty Time Regulations.—
(1) IN GENERAL.—In accordance with paragraph (3), the Administrator of the Federal Aviation Administration shall issue regulations, based on the best available scientific information, to specify limitations on the hours of flight and duty time allowed for pilots to address problems relating to pilot fatigue.
(2) MATTERS TO BE ADDRESSED.—In conducting the rulemaking proceeding under this subsection, the Administrator shall consider and review the following:
(A) Time of day of flights in a duty period.
(B) Number of takeoff and landings in a duty period.
(C) Number of time zones crossed in a duty period.
(D) The impact of functioning in multiple time zones or on different daily schedules.
(E) Research conducted on fatigue, sleep, and circadian rhythms.
(F) Sleep and rest requirements recommended by the National Transportation Safety Board and the National Aeronautics and Space Administration.
(G) International standards regarding flight schedules and duty periods.
(H) Alternative procedures to facilitate alertness in the cockpit.
(I) Scheduling and attendance policies and practices, including sick leave.
(J) The effects of commuting, the means of commuting, and the length of the commute.
(K) Medical screening and treatment.
(L) Rest environments.
(M) Any other matters the Administrator considers appropriate.
(3) RULEMAKING.—The Administrator shall issue—
(A) not later than 180 days after the date of enactment of this Act, a notice of proposed rulemaking under paragraph (1); and
(B) not later than one year after the date of enactment of this Act, a final rule under paragraph (1).
(b) Fatigue Risk Management Plan.—
(1) SUBMISSION OF FATIGUE RISK MANAGEMENT PLAN BY PART 121 AIR CARRIERS.—Not later than 90 days after the date of enactment of this Act, each part 121 air carrier shall submit to the Administrator for review and acceptance a fatigue risk management plan for the carrier’s pilots.
(2) CONTENTS OF PLAN.—A fatigue risk management plan submitted by a part 121 air carrier under paragraph (1) shall include the following:
(A) Current flight time and duty period limitations.
(B) A rest scheme consistent with such limitations that enables the management of pilot fatigue, including annual training to increase awareness of—
(ii) the effects of fatigue on pilots; and
(iii) fatigue countermeasures.
(C) Development and use of a methodology that continually assesses the effectiveness of the program, including the ability of the program—
(i) to improve alertness; and
(ii) to mitigate performance errors.
(3) REVIEW.—Not later than 12 months after the date of enactment of this Act, the Administrator shall review and accept or reject the fatigue risk management plans submitted under this subsection. If the Administrator rejects a plan, the Administrator shall provide suggested modifications for resubmission of the plan.
(4) PLAN UPDATES.—
(A) IN GENERAL.—A part 121 air carrier shall update its fatigue risk management plan under paragraph (1) every 2 years and submit the update to the Administrator for review and acceptance.
(B) REVIEW.—Not later than 12 months after the date of submission of a plan update under subparagraph (A), the Administrator shall review and accept or reject the update. If the Administrator rejects an update, the Administrator shall provide suggested modifications for resubmission of the update.
(5) COMPLIANCE.—A part 121 air carrier shall comply with the fatigue risk management plan of the air carrier that is accepted by the Administrator under this subsection.
(6) CIVIL PENALTIES.—A violation of this subsection by a part 121 air carrier shall be treated as a violation of chapter 447 of title 49, United States Code, for purposes of the application of civil penalties under chapter 463 of that title.
(c) Effect of Commuting on Fatigue.—
(1) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, the Administrator shall enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the effects of commuting on pilot fatigue and report its findings to the Administrator.
(2) STUDY.—In conducting the study, the National Academy of Sciences shall consider—
(A) the prevalence of pilot commuting in the commercial air carrier industry, including the number and percentage of pilots who commute;
(B) information relating to commuting by pilots, including distances traveled, time zones crossed, time spent, and methods used;
(C) research on the impact of commuting on pilot fatigue, sleep, and circadian rhythms;
(D) commuting policies of commercial air carriers (including passenger and all-cargo air carriers), including pilot check-in requirements and sick leave and fatigue policies;
(E) postconference materials from the Federal Aviation Administration’s June 2008 symposium titled “Aviation Fatigue Management Symposium: Partnerships for Solutions”;
(F) Federal Aviation Administration and international policies and guidance regarding commuting; and
(G) any other matters as the Administrator considers appropriate.
(3) PRELIMINARY FINDINGS.—Not later than 120 days after the date of entering into arrangements under paragraph (1), the National Academy of Sciences shall submit to the Administrator its preliminary findings under the study.
(4) REPORT.—Not later than 9 months after the date of entering into arrangements under paragraph (1), the National Academy of Sciences shall submit a report to the Administrator containing its findings under the study and any recommendations for regulatory or administrative actions by the Federal Aviation Administration concerning commuting by pilots.
(5) RULEMAKING.—Following receipt of the report of the National Academy of Sciences under paragraph (4), the Administrator shall—
(A) consider the findings and recommendations in the report; and
(B) update, as appropriate based on scientific data, regulations required by subsection (a) on flight and duty time.