Page:United States Statutes at Large Volume 101 Part 3.djvu/221

 PUBLIC LAW 100-223—DEC. 30, 1987

101 STAT. 1519

made in development and certification of the collision avoidance system known as TCAS-II. "(2) INSTALLATION.—The Administrator shall require by regu- Regulations. lation that, not later than 30 months after the date of certification of the collision avoidance system known as TCAS-II, such system be installed and operated on each civil aircraft which has a maximum passenger capacity of more than 30 seats ^, and which is used to provide air transportation of passengers, including intrastate air transportation of passengers. .,. "(3) TRANSPONDERS.—Not later than 6 months after the date Regulations. of the enactment of this subsection, the Administrator shall promulgate a final rule requiring the installation and use of operating transponders with automatic altitude reporting capability for aircraft operating in designated terminal airspace where radar service is provided for separation of aircraft. For such terminal airspace, other than Terminal Control Areas and Airport Radar Service Areas, the Administrator may provide for access to such airspace by nonequipped aircraft if the Administrator determines that such access will not interfere with the normal traffic flow. Such final rule shall require the installation and use of such transponders not later than 36 months after the date of the enactment of this subsection.". (c) CONFORMING AMENDMENT.—That portion of table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the heading "Sec. 601. General safety powers and duties."

is amended by adding at the end the following: "(f) Collision avoidance systems.". (d) COMPLETION OF RESEARCH AND DEVELOPMENT.— (1) GENERAL RULE.—The Administrator shall

complete the 49 USC app. 1421 research and the development on, and the certification of, the note. collision avoidance system known as TCAS-III as soon as possible. (2) AUTHORIZATION OF APPROPRIATION.—There are authorized to be appropriated such sums as may be necessary from the Airport and Airway Trust Fund to carry out this subsection.

SEC. 204. CIVIL PENALTIES.

(a) FOR HAZARDS TO COMMERCE.—Section 901(a)(l)(A) is amended by striking out "1114," and inserting in lieu thereof "1101 or 1114,". (b) INCREASED PENALTY FOR AIR CARRIERS.—The first sentence of section 901(a)(l) is amended by inserting after "$1,000 for each such violation," the following: "except that a person who operates aircraft for the carriage of persons or property for compensation or hire (other than an airman serving in the capacity of an airman) shall be subject to a civil penalty not to exceed $10,000 for each violation of title III, VI, or XII of this Act, or any rule, regulation, or order issued thereunder, occurring after the date of the enactment of the Airport and Airway Safety and Capacity Expansion Act of 1987, and". (c) CLARIFICATION OF DETERMINATION OF PENALTY.—The second sentence of section 901(a)(l) is amended by inserting ", or each flight with respect to which such violation is committed, if applicable," after "each day of such violation". (d) COMPROMISE.—Section 901(a)(2) is amended by inserting ", or of section 1101, 1114, or 1115(e)(2)(B)," after "XII".

49 USC app. 1471.

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