Meteorological services
Recommendations.—
The Administrator of the Federal Aviation Administration shall make recommendations to the Secretary of Commerce on providing meteorological services necessary for the safe and efficient movement of aircraft in air commerce. In providing the services, the Secretary shall cooperate with the Administrator and give complete consideration to those recommendations.
Promoting Safety and Efficiency.—
To promote safety and efficiency in air navigation to the highest possible degree, the Secretary shall—
observe, measure, investigate, and study atmospheric phenomena, and maintain meteorological stations and offices, that are necessary or best suited for finding out in advance information about probable weather conditions;
provide reports to the Administrator, to persons engaged in civil aeronautics that are designated by the Administrator, and to other persons designated by the Secretary in a way and with a frequency that best will result in safety in, and facilitating, air navigation;
cooperate with persons engaged in air commerce in meteorological services, maintain reciprocal arrangements with those persons in carrying out this clause, and collect and distribute weather reports available from aircraft in flight;
maintain and coordinate international exchanges of meteorological information required for the safety and efficiency of air navigation;
in cooperation with other departments, agencies, and instrumentalities of the United States Government, meteorological services of foreign countries, and persons engaged in air commerce, participate in developing an international basic meteorological reporting network, including the establishment, operation, and maintenance of reporting stations on the high seas, in polar regions, and in foreign countries;
coordinate meteorological requirements in the United States to maintain standard observations, to promote efficient use of facilities, and to avoid duplication of services unless the duplication tends to promote the safety and efficiency of air navigation; and
promote and develop meteorological science and foster and support research projects in meteorology through the use of private and governmental research facilities and provide for publishing the results of the projects unless publication would not be in the public interest.
Source
(Pub. L. 103–272, § 1(e),Notes
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Historical and Revision Notes |
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
44720(a) | 49 App.:1351. | Aug. 23, 1958, Pub. L. 85–726, §§ 310, 803, 72 Stat. 751, 783. |
49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. | |
44720(b) | 49 App.:1463. | |
49 App.:1655(c)(1). |
Editorial Notes
Amendments
Statutory Notes and Related Subsidiaries
ASOS/AWOS Service Report Dashboard
In General.—
The applicable Administrators shall work in collaboration to collect the real-time service status of all automated surface observation systems/automated weather observing systems (in this section referred to as ‘ASOS/AWOS’).
Availability of Results.—
In general.—
In carrying out this section, the applicable Administrators shall make available on a publicly available website the following:
The service status of all ASOS/AWOS.
Information on any actions to repair or replace ASOS/AWOS that are out of service due to technical or weather-related events, including an estimated timeline to return the systems to service.
A portal on such publicly available website for the public to report ASOS/AWOS outages.
Data files.—
The applicable Administrators shall make available the underlying data required under paragraph (1) for each ASOS/AWOS in a machine-readable format.
Applicable Administrators.—
In this section, the term ‘applicable Administrators’ means—
the Administrator of the FAA [Federal Aviation Administration]; and
the Administrator of the National Oceanic and Atmospheric Administration.”
Providing Non-Federal Weather Observer Training to Airport Personnel
Improved Safety in Rural Areas
In General.—
The Administrator [of the Federal Aviation Administration] shall permit an air carrier operating pursuant to part 135 of title 14, Code of Federal Regulations—
to operate under instrument flight rules (in this section referred to as ‘IFR’) to a destination in a noncontiguous State that has a published instrument approach but does not have a Meteorological Aerodrome Report (in this section referred to as ‘METAR’); and
to conduct an instrument approach at such destination if—
a current Area Forecast, supplemented by noncertified destination weather observations (such as weather cameras and other noncertified observations), is available, and, at the time of departure, the combination of the Area Forecast and noncertified observation indicates that weather is expected to be at or above approach minimums upon arrival;
prior to commencing an approach, the air carrier has a means to communicate to the pilot of the aircraft whether the destination weather observation is either at or above minimums for the approach to be flown; and
in the event the destination weather observation is below such minimums, a suitable alternate airport that has a METAR is specified in the IFR flight plan.
Application Template.—
In general.—
The Administrator shall develop an application template with standardized, specific approval criteria to enable FAA [Federal Aviation Administration] inspectors to objectively evaluate the application of an air carrier to operate in the manner described in subsection (a).
Requirements.—
The template required under paragraph (1) shall include a place in such template for an air carrier to describe—
how any non-certified human observations will be conducted; and
how such observations will be communicated—
to air carriers prior to dispatch; and
to pilots prior to approach.
Response to application.—
Timeline.—
The Administrator shall ensure—
that the Administrator has the ability to respond to an application of an air carrier not later than 30 days after receipt of such application; and
in the event the Administrator cannot respond within 30 days, that the Administrator informs the air carrier of the expected response time with respect to the application of the air carrier.
Rejection.—
In the event that the Administrator rejects an application of an air carrier, the Administrator shall inform the air carrier of the specific criteria that were the cause for rejection.”
Terminal Aerodrome Forecast
In General.—
The Administrator [of the Federal Aviation Administration] shall permit a covered air carrier to operate to or from a location in a noncontiguous State without a Terminal Aerodrome Forecast or Meteorological Aerodrome Report if—
such location is determined to be under visual meteorological conditions;
a current Area Forecast, supplemented by other local weather observations or reports, is available; and
an alternate airport that has an available Terminal Aerodrome Forecast and weather report is specified.
Procedures.—
A covered air carrier shall—
have approved procedures for dispatch or release and enroute weather evaluation; and
operate under instrument flight rules enroute to the destination.
Limitation.—
Without a written finding of necessity, based on objective and historical evidence of imminent threat to safety, the Administrator shall not promulgate any operation specification, policy, or guidance document pursuant to this section that is more restrictive than, or requires procedures that are not expressly stated in, the regulations.
Covered Air Carrier Defined.—
In this section, the term ‘covered air carrier’ means an air carrier operating in a noncontiguous State under part 121 of title 14, Code of Federal Regulations.”
Automated Weather Observing Systems Policy
In General.—
Not later than 18 months after the date of enactment of this Act [
update automated weather observing systems standards to maximize the use of new technologies that promote the reduction of equipment or maintenance cost for non-Federal automated weather observing systems, including the use of remote monitoring and maintenance, unless demonstrated to be ineffective;
review, and if necessary update, existing policies in accordance with the standards developed under paragraph (1); and
establish a process under which appropriate onsite airport personnel or an aviation official may, with appropriate manufacturer training or alternative training as determined by the Administrator, be permitted to conduct the minimum triannual preventative maintenance checks under the advisory circular for non-Federal automated weather observing systems (AC 150/5220–16E) and any other similar, successor checks.
Permission.—
Permission to conduct the minimum triannual preventative maintenance checks described under subsection (a)(3) and any similar, successor checks shall not be withheld but for specific cause.
Standards.—
In updating the standards under subsection (a)(1), the Administrator shall—
ensure the standards are performance-based;
use risk analysis to determine the accuracy of the automated weather observing systems outputs required for pilots to perform safe aircraft operations; and
provide a cost-benefit analysis to determine whether the benefits outweigh the cost for any requirement not directly related to safety.
AIP Eligibility of AWOS Equipment.—
In general.—
Notwithstanding any other law, the Administrator is authorized to and shall waive any positive benefit-cost ratio requirement for automated weather-observing system equipment under subchapter I of chapter 471, of title 49, United States Code, if—
the airport sponsor or State, as applicable, certifies that a grant for such automated weather observing systems equipment under that chapter will assist an applicable airport to respond to regional emergency needs, including medical, firefighting, and search and rescue needs;
the Secretary determines, after consultation with the airport sponsor or State, as applicable, that the placement of automated weather-observing equipment at the airport will not cause unacceptable radio frequency congestion; and
the other requirements under that chapter are met.
Applicability to low population density states.—
This subsection is applicable only to airports located in states with a population density, based on the most recent decennial census, of 50 or fewer persons per square mile.
Report.—
Not later than
Automated Surface Observation System Stations
the Administrator determines that the system provides consistent reporting of changing meteorological conditions and notifies Congress in writing of that determination; and
60 days have passed since the report was transmitted to Congress.”