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49 U.S.C. § 44740 — Special rule for certain aircraft operations

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44740 — Special rule for certain aircraft operations

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Source file: Laws/federal/codes/united-states-code/title-49/section-44740-special-rule-for-certain-aircraft-operations--9d3b885ca4.md
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Source location: Title 49, Chapter 447, § 44740; chapter-447-safety-regulation.md

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**(a) In General.—** The operator of an aircraft with a special airworthiness certification in the experimental category may— (1) operate the aircraft for the purpose of conducting a space support vehicle flight (as that term is defined in [section 50902 of title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section50902&num=0&edition=prelim)); and (2) conduct such flight under such certificate carrying persons or property for compensation or hire— (A) notwithstanding any rule or term of a certificate issued by the Administrator of the Federal Aviation Administration that would prohibit flight for compensation or hire; or (B) without obtaining a certificate issued by the Administrator to conduct air carrier or commercial operations. **(b) Limited Applicability.—** Subsection (a) shall apply only to a space support vehicle flight that satisfies each of the following: (1) The aircraft conducting the space support vehicle flight— (A) takes flight and lands at a single site that is operated by an entity licensed for operation under chapter 509 of title 51; (B) is owned or operated by a launch or reentry vehicle operator licensed under chapter 509 of title 51, or on behalf of a launch or reentry vehicle operator licensed under chapter 509 of title 51; (C) is a launch vehicle, a reentry vehicle, or a component of a launch or reentry vehicle licensed for operations pursuant to chapter 509 of title 51; and (D) is used only to simulate space flight conditions in support of— (i) training for potential space flight participants, government astronauts, or crew (as those terms are defined in chapter 509 of title 51); (ii) the testing of hardware to be used in space flight; or (iii) research and development tasks, which require the unique capabilities of the aircraft conducting the flight. **(c) Rules of Construction.—** (1) **Space support vehicles.—** — Section 44711(a)(1) shall not apply to a person conducting a space support vehicle flight under this section only to the extent that a term of the experimental certificate under which the person is operating the space support vehicle prohibits the carriage of persons or property for compensation or hire. (2) **Authority of administrator.—** — Nothing in this section shall be construed to limit the authority of the Administrator of the Federal Aviation Administration to exempt a person from a regulatory prohibition on the carriage of persons or property for compensation or hire subject to terms and conditions other than those described in this section.

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Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 50902 — Definitions

In this chapter— (1) “citizen of the United States” means— (A) an individual who is a citizen of the United States; (B) an entity organized or existing under the laws of the United States or a State; or (C) an entity organized or existing under the laws of a foreign country if the controlling interest (as defined by the Secretary of Transportation) is held by an individual or entity described in subclause (A) or (B) of this clause. (2) “crew” means any employee of a licensee or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs activities in the course of that employment directly relating to the launch, reentry, or other operation of or in a launch vehicle or reentry vehicle that carries human beings. (3) “executive agency” has the same meaning given that term in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim). (4) “government astronaut” means an individual who— (A) is designated by the National Aeronautics and Space Administration under section 20113(n); (B) is carried within a launch vehicle or reentry vehicle in the course of his or her employment, which may include performance of activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle; and (C) is either— (i) an employee of the United States Government, including the uniformed services, engaged in the performance of a Federal function under authority of law or an Executive act; or (ii) an international partner astronaut. (5) “international partner astronaut” means an individual designated under Article 11 of the International Space Station Intergovernmental Agreement, by a partner to that agreement other than the

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44737 — Helicopter fuel system safety

**(a) Prohibition.—** (1) **In general.—** — A person may not operate a covered helicopter in United States airspace unless the design of the helicopter is certified by the Administrator of the Federal Aviation Administration to— (A) comply with the requirements applicable to the category of the helicopter under paragraphs (1), (2), (3), (5), and (6) of section 27.952(a), section 27.952(c), section 27.952(f), section 27.952(g), section 27.963(g) (but allowing for a minimum puncture force of 250 pounds if successfully drop tested in-structure), and section 27.975(b) or paragraphs (1), (2), (3), (5), and (6) of section 29.952(a), section 29.952(c), section 29.952(f), section 29.952(g), section 29.963(b) (but allowing for a minimum puncture force of 250 pounds if successfully drop tested in-structure), and 29.975(a)(7) of title 14, Code of Federal Regulations, as in effect on the date of enactment of this section; or (B) employ other means acceptable to the Administrator to provide an equivalent level of fuel system crash resistance. (2) **Covered helicopter defined.—** — In this subsection, the term “covered helicopter” means a helicopter not otherwise required to comply with section 27.952, section 27.963, and section 27.975, or section 29.952, section 29.963, and section 29.975 of title 14, Code of Federal Regulations as in effect on the date of enactment of this section for which manufacture was completed, as determined by the Administrator, on or after the date that is 18 months after the date of enactment of this section. **(b) Administrative Provisions.—** The Administrator shall— (1) expedite the certification and validation of United States and foreign type designs and retrofit kits that improve fuel system crashworthiness; and (2) not later than 180 da

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44740 — Special rule for certain aircraft oper-

Page 1384 TITLE 49—TRANSPORTATION § 44738 CODIFICATION Another section 44737 was renumbered section 44740 of this title. AMENDMENTS 2024—Pub. L. 118–63, § 825(1), substituted ‘‘helicopter’’ for ‘‘rotorcraft’’ wherever appearing in text. Subsec. (a)(2). Pub. L. 118–63, § 825(2), substituted ‘‘helicopter’’ for ‘‘rotorcraft’’ in heading. Subsec. (d). Pub. L. 118–63, § 825(3), added subsec. (d). Statutory Notes and Related Subsidiaries CRASH-RESISTANT FUEL SYSTEMS IN ROTORCRAFT Pub. L. 118–63, title III, § 320, May 16, 2024, 138 Stat. 1082, provided that: ‘‘(a) IN GENERAL.—The Administrator [of the Federal Aviation Administration] shall task the Aviation Rule- making Advisory Committee to— ‘‘(1) review the data analysis conducted and the rec- ommendations developed by the Aviation Rule- making Advisory Committee Rotorcraft Occupant Protection Working Group of the Administration; ‘‘(2) update the 2018 report of such working group on rotorcraft occupant protection by— ‘‘(A) reviewing National Transportation Safety Board data from 2016 through 2023 on post-crash fires in helicopter accidents; and ‘‘(B) determining whether and to what extent crash-resistant fuel systems could have prevented fatalities in the accidents covered by the data re- viewed under subparagraph (A); and ‘‘(3) develop recommendations for either the Ad- ministrator or the helicopter industry to encourage helicopter owners and operators to expedite the in- stallation of crash-resistant fuel systems in the air- craft of such owners and operators regardless of origi- nal certification and manufacture date. ‘‘(b) SCHEDULE.— ‘‘(1) DEADLINE.—Not later than 18 months after the Administrator tasks the Aviation Rulemaking Advi- sory Committee under subsection (a), the Committee shall submit

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