ROTOR Act

(a) Requirement for ADS–B In operation

(1) In general. Not later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule in accordance with section 553 of title 5, United States Code, to require any person operating an aircraft (other than an unmanned aircraft, as defined in section 44801 of title 49, United States Code) required to be equipped with ADS–B Out in accordance with section 91.225 of title 14, Code of Federal Regulations (or any successor regulation), to be equipped with and operating with ADS–B In equipment that provides the aircraft with awareness to the location of other aircraft and traffic advisories, unless otherwise authorized by air traffic control.

(2) Compliance deadlines. In issuing a final rule under paragraph (1), the Administrator shall—

(A) include an effective date of not later than 60 days after the date on which such final rule is published in the Federal Register; and

(B) require aircraft described in paragraph (1) to be equipped with ADS–B In not later than December 31, 2031.

(3) Final regulation requirements. In issuing a final rule under paragraph (1), the Administrator shall, at a minimum, do the following:

(A) Performance standards. The Administrator shall establish appropriate performance requirements for ADS–B In equipment to provide integrated safety-enhancing capabilities for a pilot or other flight crew, including by increasing situational awareness to the location of other aircraft and providing traffic advisories with alerting sufficient to provide traffic advisory indications while airborne and on the airport surface, such as visual and aural advisories.

(B) Alternative equipment or technology. With respect to aircraft with a maximum certificated takeoff weight of less than 12,500 pounds when operating under part 91 of title 14, Code of Federal Regulations, and qualifying military aircraft as specified by the Administrator in consultation with the Secretary of Defense, the Administrator shall establish performance requirements for alternative equipment or technology that the Administrator determines acceptable in satisfying the ADS–B In requirement. The performance requirements shall, at a minimum—

(i) provide similar or improved situational awareness to the location of other airborne traffic, as well as traffic advisory information; and

(ii) leverage the use of portable ADS–B In receivers or equipment that allow display on an existing or future electronic flight bag or panel mounted display, provided that the installation or use of such equipment does not adversely affect other required avionics or the airworthiness of the aircraft.

(C) Required briefing. The Administrator shall brief the appropriate committees of Congress, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, on at least a monthly basis, regarding the alternative equipment or technology for qualifying military aircraft prior to determining that such equipment or technology is acceptable to satisfy the ADS–B In requirement.

(D) Guidance. The Administrator shall issue relevant guidance for aircraft operators and other appropriate stakeholders regarding the types of equipment that satisfy the performance requirements described in this paragraph.

(4) Other requirements. In issuing a final rule under paragraph (1), the Administrator shall include—

(A) requirements for ADS–B In equipment and the use of such equipment;

(B) technical assistance to facilitating ADS–B In equipage across the entire fleet of affected aircraft, including, as appropriate, guidance under part 26 of title 14, Code of Federal Regulations, to provide support for affected transport airplane operators in complying with the requirements of this section;

(C) any other associated guidance necessary to assist operators and other stakeholders in identifying equipment that satisfies the ADS–B In performance standards described in paragraph (3) prior to the compliance deadline described in paragraph (2)(B);

(D) a determination of alternative equipment or technology described in subsection (e); and

(E) a presumption, absent clear and compelling evidence to the contrary, that ADS–B In equipment is cost beneficial and improves aviation safety.

(5) Congressional briefings. Not later than 180 days after the date of enactment of this section, and every 90 days thereafter, the Administrator shall brief the appropriate committees of Congress, as well as publish a publicly available report, on the status of—

(A) the ADS–B In rulemaking required under paragraph (1); and

(B) after the compliance deadline described in paragraph (2)(A), the implementation and oversight of such ADS–B In requirement.

(b) Negotiated rulemaking committee

(1) Committee

(A) In general. Not later than 60 days after the date of enactment of this section, the Administrator may establish a negotiated rulemaking committee (in this section referred to as the committee) pursuant to section 565 of title 5, United States Code, to negotiate proposed regulations to implement the requirements described in subsection (a).

(B) Membership. If the Administrator elects to establish a committee under this subsection, the committee shall be composed of—

(i) representatives of—

(I) the FAA;

(II) air carriers;

(III) avionics manufacturers;

(IV) aircraft manufacturers; and

(V) general aviation organizations;

(ii) the exclusive bargaining representative of air traffic controllers of the FAA certified under section 7511 of title 5, United States Code;

(iii) organizations representing certified collective bargaining representatives of airline pilots, including the principal organization representing the largest certified collective bargaining representative of airline pilots;

(iv) aviation safety experts outside of the FAA; and

(v) any other representatives determined appropriate by the Administrator.

(C) Required consultation. In establishing a committee under this subsection, the Administrator—

(i) shall consult with the Secretary of Defense and the Secretary of Homeland Security; and

(ii) may consult with other Federal agencies as appropriate.

(2) Requirements. If the Administrator elects to establish a committee under this subsection, the Administrator shall do the following:

(A) In general. The Administrator shall direct the committee to make recommendations relating to—

(i) ADS–B In equipment and its use;

(ii) ADS–B In equipment performance standards pursuant to subsection (a)(3);

(iii) the consideration of effective approaches to facilitating ADS–B In equipage across the entire fleet of affected aircraft, including requirements under part 26 of title 14, Code of Federal Regulations, to provide support for affected transport category airplane operators in complying with the requirements of this section; and

(iv) with respect to aircraft with a maximum certificated takeoff weight of less than 12,500 pounds when operating under part 91 of title 14, Code of Federal Regulations, a recommendation for low cost alternative equipment or technology in accordance with subsection (e).

(B) Lack of committee consensus. In the event the committee does not reach a consensus regarding a recommendation for low cost alternative equipment or technology under subparagraph (A)(iv), the Administrator shall, after the submission of the committee under paragraph (3), consider prescribing a low cost alternative that includes the criteria described in subsection (e).

(3) Submission to the Administrator. If the Administrator elects to establish a committee under this subsection, not later than 1 year after the date of enactment of this section, the committee shall submit to the Administrator—

(A) a consensus proposal of regulations to implement the requirement described in subsection (a)(1); or

(B) in the event the committee does not reach a consensus, a report identifying any points of agreement and disagreement with respect to such proposed regulations.

(4) Proposed rule. If the Administrator elects to establish a committee under this subsection, not later than 180 days after receiving the submission of the committee under paragraph (3), the Administrator shall issue a proposed rule, in accordance with section 553 of title 5, United States Code, that either—

(A) to the maximum extent possible consistent with the legal obligations of the FAA, uses the consensus proposal of the committee under paragraph (3)(A) as the basis for the proposed rule for notice and comment, including with respect to any standards or requirements described in subsection (a)(3); or

(B) in the event the committee does not reach a consensus, considers the points of agreement and disagreement submitted by the committee under paragraph (3)(B).

(c) Consultation required without negotiated rulemaking committee. If the Administrator does not establish a committee under subsection (b), prior to issuing a final rule, the Administrator shall consult with appropriate stakeholders in conducting the rulemaking required under subsection (a)(1), including at a minimum the representatives described in subsection (b)(1)(B).

(d) Phased-in retrofit

(1) In general. In issuing a final rule under subsection (a)(1), the Administrator shall—

(A) establish a process by which the operator of an affected aircraft, in service as of the date on which the final rule under subsection (a)(1) is published in the Federal Register in accordance with subsection (a)(2)(A), may apply to the Administrator to request additional time, not to exceed a period of 1 year after the deadline described in subsection (a)(2)(B), to finalize equipage of its fleet and make ADS–B In operational, provided that—

(i) an aircraft operator, owner, or their agent submits an application deemed acceptable to the Administrator for additional time for compliance, including a justification for such request and an attestation of actions to date demonstrating progress toward achieving compliance;

(ii) the Administrator, in consultation with the Secretary of Transportation, determines additional time is required to mitigate a significant disruption to air transportation; and

(iii) the Administrator determines the aircraft operator or owner does not have any uncorrected violations of subchapters F and G of chapter I of title 14, Code of Federal Regulations; and

(B) notify the appropriate committees of Congress not later than 14 days after making a determination under clause (ii) or (iii) of subparagraph (A).

(2) Special rule for agents. With the exception of an agent representing an owner or operator of transport airplanes, for the purposes of this subsection, an agent may represent more than 1 aircraft operator or owner of the same type, model, or manufacturer and may submit 1 or more applications under paragraph (1)(A)(i), each of which may contain multiple aircraft operators or owners.

(e) Low cost alternative method of compliance. In issuing a final rule under subsection (a)(1), the Administrator shall determine low cost equipment or technologies that provide similar or improved situational awareness to the location of other airborne traffic, as well as traffic advisory information, that satisfy the ADS–B In equipage requirement for aircraft with a maximum certificated takeoff weight of less than 12,500 pounds when operated under part 91 of title 14, Code of Federal Regulations. In making such a determination, the Administrator shall consider the use of—

(1) portable ADS–B In receivers; and

(2) equipment that allows display on an existing or future electronic flight bag or panel mounted display, provided the installation or use does not adversely affect other required avionics or the airworthiness of the aircraft.

(f) Proactive equipage. With respect to any aircraft for which ADS–B In equipment is available and complies with the requirements of the final rule issued under subsection (a)(1), the operator of any such aircraft shall take all appropriate actions necessary to equip such aircraft with ADS–B In prior to the compliance deadline described in subsection (a)(2).

(g) Separation standards; relevant controller training

(1) Rulemaking

(A) In general. Not later than 18 months after the effective date of the final rule described in subsection (a), the Administrator shall issue a notice of proposed rulemaking to establish separation standards, as appropriate, that leverage ADS–B Out or ADS–B In equipment, and all other available technological capabilities in the air traffic control system, to achieve safety and efficiency benefits throughout the national airspace system, including on an airport surface and within Class E airspace (as defined in section 71.71 of title 14, Code of Federal Regulations, or any successor regulation).

(B) Consultation. In conducting the rulemaking under this subsection, the Administrator shall consult with appropriate stakeholders, including, at a minimum—

(i) representatives of—

(I) air carriers;

(II) original equipment manufacturers; and

(III) general aviation organizations;

(ii) organizations representing certified collective bargaining representatives of airline pilots, including the principal organization representing the largest certified collective bargaining representative of airline pilots;

(iii) the exclusive bargaining representative of air traffic controllers of the FAA certified under section 7111 of title 5, United States Code;

(iv) aviation safety experts from outside the FAA; and

(v) any other stakeholder deemed appropriate by the Administrator.

(2) Required updates to FAA Orders. Not later than 18 months after the issuance of the notice of proposed rulemaking under paragraph (1)(A), the Administrator shall complete revisions, as appropriate, to FAA Order 7110.65 and other relevant FAA Orders, to increase safety and efficiency benefits in the national airspace system.

(3) Relevant controller training

(A) In general. Not later than 1 year after the compliance deadline described in subsection (a)(2), the Administrator shall revise initial and recurrent air traffic controller training, as appropriate, in accordance with FAA Orders 3000.22 and 3120.4 and revise associated orders and directives, as appropriate, to ensure such controllers are trained to apply any new separation standards and procedures.

(B) Requirements. In revising training under subparagraph (A), the Administrator shall—

(i) consider human factors impacts, appropriate phraseology adjustments, and surface movement applications; and

(ii) consult with the exclusive bargaining representative of air traffic controllers of the FAA certified under section 7111 of title 5, United States Code.

(h) ACAS–X action plan

(1) In general. Not later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress an action plan for advancing the deployment of the Airborne Collision Avoidance System–X (in this section referred to as ACAS-X), or any variant or successor technology, in the national airspace system. The Administrator shall publish the action plan in a publicly available format not later than 10 days after submitting such action plan to Congress.

(2) Contents. In developing the action plan under paragraph (1), the Administrator shall include—

(A) a strategic roadmap for the deployment of ACAS–X technology, including steps required for widespread adoption among aircraft operators (including rotorcraft operators);

(B) actions and funding necessary to complete any applicable research, development, testing, evaluation, and standards development needed to support the certification of such technology;

(C) plans for engagement with appropriate stakeholders, including—

(i) aircraft operators, including those in the Department of Defense;

(ii) aviation safety experts outside the FAA;

(iii) avionics manufacturers;

(iv) aircraft manufacturers;

(v) general aviation organizations;

(vi) the exclusive bargaining representative of air traffic controllers of the FAA certified under section 7511 of title 5, United States Code;

(vii) organizations representing certified collective bargaining representatives of airline pilots, including the principal organization representing the largest certified collective bargaining representative of airline pilots; and

(viii) any other stakeholders determined appropriate by the Administrator;

(D) engagement with foreign civil aviation authorities to harmonize international standards for certification of such technology;

(E) ACAS–X interoperability considerations for aircraft operators (including rotorcraft operators) equipped with ADS–B Out and ADS–B In equipment;

(F) an assessment of safety benefits for aircraft operators equipping with such technology, including civil and military operators; and

(G) any recommendations for administrative or legislative action, as determined appropriate by the Administrator, to advance such technology deployment.

(3) Implementation. The Administrator may take actions, as appropriate, to implement the action plan developed under paragraph (1).

(4) Briefing. Not later than 30 days after the date on which the Administrator submits the action plan under paragraph (1), the Administrator shall brief the appropriate committees of Congress on the contents of such action plan and any prospective actions to implement such plan.

(i) ARAC tasking

(1) In general. The Administrator shall task the Aviation Rulemaking Advisory Committee (in this section referred to as the ARAC) with reviewing and assessing the need for aircraft operating in Class D airspace to be equipped with ADS–B Out and ADS–B In equipment.

(2) Report and recommendations. Not later than 1 year after initiating the review and assessment under this section, the ARAC shall submit to the Administrator—

(A) a report on the findings of the review and assessment under paragraph (1); and

(B) any recommendations for legislative or regulatory action the ARAC determines appropriate.

(3) Briefing. Not later than 30 days after the date on which the ARAC submits the report under paragraph (2), the Administrator shall brief the appropriate committees of Congress on—

(A) the findings and recommendations included in such report; and

(B) any plan to implement such recommendations, including a justification for any recommendations the Administrator determines should not be implemented.