User:Bwm131/FAA Reauthorization Act of 2018

User:Bwm131/FAA Reauthorization Act of 2018

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The FAA Reauthorization Act of 2018 (H.R. 302, Pub. L.  115–254 (text) (PDF)) is a United States federal law, enacted during the 115th United States Congress, which reauthorizes the Federal Aviation Administration (FAA) and other programs till the end of fiscal year 2023. Over the five-year span, federal aviation programs will receive a total of $96.7 billion in funding. T he bill was passed by Congress on October 3, 2018, and was signed by President Donald Trump on October 5, 2018. The 2018 Act is a wide-ranging reauthorization measure that provided the FAA with a host of critical new authorities and responsibilities on a broad range of aviation issues including enhancing safety, improving infrastructure, and enabling innovation. The FAA Reauthorization Act of 2018 that federal preemption of manned aircraft is not diminished in any way.

The bill provides legislative changes related to furthering the objective of integrating unmanned aircraft systems (UAS) into the National Airspace System (NAS). Additionally, the bill expedites the financing and development of airport capital projects. Section 202 of FAA Reauthorization Act of 2018 creates an advisory committee and task force to provide advice on FAA safety oversight and certification programs and activities. Furthermore, the bill directs FAA to promote U.S. aerospace-related standards globally and allows the Agency to work with foreign partners to streamline certification processes for U.S. aircraft.

The law contains a provision that requires the FAA to set a standard for the minimum size of airline seats, as well as increase minimum standards for legroom. This section of the Act is known as the "Seat Egress in Air Travel (SEAT) Act". The law also bans the use of electronic cigarettes on aircraft. In addition, the law implements new conditions concerning the recreational use of drones. More specifically, recreational drone users are required to pass an aeronautical safety test.

Provisions and Short Titles

 * Better Utilization of Investments Leading to Development Act of 2018 (BUILD Act of 2018)
 * Commercial Balloon Pilot Safety Act of 2018
 * Concrete Masonry Products Research, Education, and Promotion Act of 2018
 * Disaster Recovery Reform Act of 2018
 * FAA Leadership in Groundbreaking High-Tech Research and Development Act (FLIGHT R&D Act)
 * FAA Reauthorization Act of 2018
 * Fairness for Pilots Act
 * Geospatial Data Act of 2018
 * Maritime Security Improvement Act of 2018
 * National Transportation Safety Board Reauthorization Act
 * Preventing Emerging Threats Act of 2018
 * Saracini Aviation Safety Act of 2018
 * Securing General Aviation and Charter Air Carrier Service Act
 * Sports Medicine Licensure Clarity Act of 2018
 * Transparency Improvements and Compensation to Keep Every Ticketholder Safe Act of 2018 (TICKETS Act)
 * TSA Modernization Act

Leased Aircraft Liability
Section 514 of the Act limits the liability of long-term lessors of aircraft from passenger tort liability claims by modifying 49 USC § 44112 to include injuries or damages, regardless of where they occurred, and by adding a physical possession or control requirement by adding the word "operational" before "control".

Section 514 removed the phrase "on land or water" and modifies § 44112 to preempt state statutes that allow for vicarious liability in tort claims. This revision effectively overturns the holding of Vreeland v. Ferrer, a Florida Supreme Court case. In Vreeland, the Florida Supreme Court, applying the "on land or water" terminology, held that § 44112 did not preempt vicarious liability tort claims under Florida law against owners and lessors of aircraft by passengers whose injuries occur in the air.

Unmanned Aircraft Systems (UAS)
The recreational use of small unmanned aircraft systems was previously regulated by Section 336 of the FAA Modernization and Reform Act of 2012. In 2016, the FAA set baseline limitations to the operation of commercial unmanned aircraft systems weighing no more than 55 pounds. This action also allowed the operation of small unmanned aircraft systems in the National Airspace System. Subsequently, Section 349 of the FAA Reauthorization Act of 2018 repealed the FAA Modernization and Reform Act of 2012, thereby making the FAA Reauthorization Act of 2018 the primary set of federal regulations applying to unmanned aircraft systems.

The Act primarily addresses recreational and commercial use of UAVs, including pilot training and FAA remote pilot certification; airspace authorization; UAV registration; risk-based consensus safety-standards; and airport safety and air-space hazard mitigation, among other topics. For example, Section 202 of the Act codifies an oversight advisory committee already established by the FAA and further requires that at least one member represent the unmanned aircraft systems industry. Moreover, Section 342 requires an update to the existing FAA comprehensive plan specifically to “develop a concept of operations for the integration of unmanned aircraft into the national airspace system.”

When it comes to recreational use of unmanned aircrafts, Section 349 includes some of the following limitations for operating hobby aircrafts: "(1) The aircraft is flown strictly for recreational purposes; (2) the aircraft is operated in accordance with or within the programming of a community-based organization’s set of safety guidelines that are developed in coordination with the Federal Aviation Administration; (3) the aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer colocated and in direct communication with the operator. ‘‘(4) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; . . . (6) in Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions. ‘‘(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g)."

Service Animals
With the enactment of the FAA Reauthorization Act of 2018, Congress sought to harmonize standards for allowing service animals for the purposes of air transportation. For instance, the Department of Transportation was directed to define the term "service animal" and "to develop minimum standards for what is required for service and emotional support animals carried in aircraft cabins."

Effective January 11, 2021, the Department of Transportation issued a final rule to define "service animal." This rule defines "service animal" as "[a] service animal is as a dog, regardless of breed or type, that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability." In issuing this final rule, the Department of Transportation distinguished an "emotional support animal" as "pets, rather than service animals, and permits airlines to limit the number of service animals that one passenger can bring onboard an aircraft to two service animals."

Air Ambulance Services
The use of air ambulance services provided a point of contention that led to the FAA Reauthorization Act of 2018 addressing it. The use of these services are not cheap and can cost tens of thousands of dollars. The Act includes several sections related to the investigation of the services, including establishing an interagency advisory committee on air ambulance billing, requiring air ambulance providers to inform users of how to contact the Aviation Consumer Advocate, and requiring the Department of Transportation to report to Congress on air ambulance oversight.

TICKETS Act
The TICKETS Act of the FAA Reauthorization Act of 2018 provides protection for a class of passengers known as "revenue passengers." Specifically, air carriers are prohibited from denying revenue passengers from boarding or removing them once the passenger has timely check in for their confirmed reservation and had their boarding pass scanned by the gate agent for boarding. However, the TICKETS Act does provide exceptions for passengers who pose a safety, security, or health risk or engages in obscene, disruptive, or otherwise unlawful behavior.