Page:United States Statutes at Large Volume 100 Part 5.djvu/496

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 3970

PUBLIC LAW 99-661—NOV. 14, 1986

"(A) meets, at a minimum, the safety standards established by the Secretary of Transportation under title VI of the Federal Aviation Act of 1958 (49 U.S.C. App. 1421 et seq.); "(B) has at least 12 months of experience operating services in air transportation that are substantially equivalent to the service sought by the Department of Defense; and . ,..,,, "(C) undergoes a technical safety evaluation. "(2) For purposes of paragraph (1)(C), a technical safety evaluation— "(A) shall include inspection of a representative number of aircraft; and "(B) shall be conducted in accordance with regulations prescribed by the Secretary, after consultation with the Secretary • of Transportation. "(b) INSPECTIONS.—The Secretary shall provide for inspections of each air carrier that contracts with the Department of Defense for the charter air transportation of members of the armed forces. The inspections shall be conducted in accordance with standards established by the Secretary, after consultation with the Secretary of Transportation, and shall include, at a minimum, the following: "(1) An on-site capability survey of the air carrier conducted at least once every two years. • ».- . "YsH "(2) A performance evaluation of the air carrier conducted at least once every six months. "(3) A preflight safety inspection of each aircraft conducted at any time during the operation of, but not more than 72 hours before, each internationaly scheduled charter mission departing the United States. "(4) A preflight safety inspection of each aircraft used for domestic charter missions conducted to the greatest extent > practical. "(5) Operational check-rides on aircraft conducted periodi. cally. V > u^^^ COMMERCIAL AIRLIFT REVIEW BOARD.—The Secretary shall establish a Commercial Airlift Review Board within the Department of Defense. The Board shall consist of personnel from the Department of Defense and other Government personnel as may be appropriate. The duties of the Board shall be— "(1) to make recommendations to the Secretary on suspension and reinstatement of air carriers under subsection (d); "(2) to make recommendations to the Secretary on waivers . under subsection (g); and "(3) to carry out such other duties and make recommendations on such other matters as the Secretary considers

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' appropriate. ^^' "(d) SUSPENSION AND REINSTATEMENT.—(1) The Secretary shall establish guidelines for the suspension of air carriers under contract with the Department of Defense for the charter air transportation of members of the armed forces and for the reinstatement of air carriers that have been so suspended. The guidelines— "(A) shall require the immediate determination of whether to suspend an air carrier if an aircraft of the air carrier is involved in a fatal accident; and ,;,,.. ^ f "(B) may require the suspension of an air carrier— ' '" ' ,,in"(i) if the carrier is in violation of any order, rule, regular^}\^ tion, or standard prescribed under title VI of the Federal Aviation Act of 1958 (49 U.S.C. App. 1421 et seq.); or