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

Page 1383 TITLE 49—TRANSPORTATION § 44737 minimum, the best practices shall address preventing and deterring instances of undue pressure on or by an ODA unit member, within an ODA, or by an ODA hold- er, or failures to maintain independence between the FAA and an ODA holder or an ODA unit member. In carrying out such review, the Panel shall— ‘‘(1) examine other government regulated industries to gather lessons learned, procedures, or processes that address undue pressure of employees, perceived regulatory coziness, or other failures to maintain independence; ‘‘(2) identify ways to improve communications be- tween an ODA Administrator, ODA unit members, and FAA engineers and inspectors, consistent with section 44736(g) of title 49, United States Code, in order to enable direct communication of technical concerns that arise during a certification project without fear of reprisal to the ODA Administrator or ODA unit member; and ‘‘(3) examine FAA designee programs, including the assignment of FAA advisors to designees, to deter- mine which components of the program may improve the FAA’s oversight of ODA units, ODA unit mem- bers, and the ODA program. ‘‘(d)ASSESSMENT AND RECOMMENDATIONS.—The Panel shall assess and make recommendations concerning— ‘‘(1) the FAA’s processes and procedures under the ODA program and whether the processes and proce- dures function as intended; ‘‘(2) the best practices of and lessons learned by ODA holders and FAA personnel who provide over- sight of ODA holders; ‘‘(3) training activities related to the ODA program for FAApersonnel and ODA holders; ‘‘(4) the impact, if any, that oversight of the ODA programhas on FAA resources and the FAA’s ability to process applicationsfor certifications outside of the ODA program; ‘‘(5) the results of the survey conducted under sub- section(b); and ‘‘(6) the results of the review conducted under sub- section (c). ‘‘(e) REPORT.—Not later than 180 days after the date the Panel is convened under subsection (a), the Panel shall submit to the Administrator, the Advisory Com- mittee, and the appropriate committees of Congress a report on the findings and recommendations of the Panel. ‘‘(f) DEFINITIONS.—The definitions contained in sec- tion 44736 of title 49, United States Code, as added by this Act, apply to this section. ‘‘(g) APPLICABLE LAW.—Public Law 92–463 [Federal Advisory Committee Act, see 5 U.S.C. 1001 et seq.] shall not apply to the Panel. ‘‘(h) BEST PRACTICES ADOPTION.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date on which the Administrator receives the report required under subsection (e), the Administrator shall establish best practices that are generally ap- plicable to all ODA holders and require such practices to be incorporated, as appropriate, into each ODA holder’s approved procedures manual. ‘‘(2) NOTICE AND COMMENT PERIOD.—The Adminis- trator shall publish the established best practices for public notice and comment for not fewer than 60 days prior to requiring the practices, as appropriate, be in- corporated into each ODA holder’s approved proce- dures manual. ‘‘(i) SUNSET.—The Panel shall terminate on the ear- lier of— ‘‘(1) the date of submission of the report under sub- section (e); or ‘‘(2) the date that is 2 years after the date on which the Panel is first convened under subsection (a).’’ § 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 applica- ble 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 allow- ing for a minimum puncture force of 250 pounds if successfully drop tested in-struc- ture), and section 27.975(b) or paragraphs (1), (2), (3), (5), and (6) of section 29.952(a), sec- tion 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 Regu- lations, 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 enact- ment of this section for which manufacture was completed, as determined by the Adminis- trator, on or after the date that is 18 months after the date of enactment of this section. (b) ADMINISTRATIVE PROVISIONS.—The Admin- istrator shall— (1) expedite the certification and validation of United States and foreign type designs and retrofit kits that improve fuel system crash- worthiness; and (2) not later than 180 days after the date of enactment of this section, and periodically thereafter, issue a bulletin to— (A) inform helicopter owners and operators of available modifications to improve fuel system crashworthiness; and (B) urge that such modifications be in- stalled as soon as practicable. (c) RULE OF CONSTRUCTION.—Nothing in this section may be construed to affect the operation of a helicopter by the Department of Defense. (d) EXCEPTION.—A helicopter issued an experi- mental certificate under section 21.191 of title 14, Code of Federal Regulations (or any suc- cessor regulations), or operating under a Special Flight Permit issued under section 21.197 of title 14, Code of Federal Regulations (or any suc- cessor regulations), is excepted from the re- quirements of this section. (Added Pub. L. 115–254, div. B, title III, § 317(a), Oct. 5, 2018, 132 Stat. 3268; amended Pub. L. 118–63, title VIII, § 825, May 16, 2024, 138 Stat. 1332.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018. 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 the recommendations developed under subsection (a)(2) to the Administrator. ‘‘(2) IMPLEMENTATION.—If applicable, and not later than 180 days after receiving the recommendations under paragraph (1), the Administrator shall— ‘‘(A) begin implementing, as appropriate, any safety recommendations the Administrator re- ceives from the Aviation Rulemaking Advisory Committee, and brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on any recommendations the Ad- ministrator does not implement; and ‘‘(B) partner with the United States Helicopter Safety Team, as appropriate, to facilitate imple- mentation of any recommendations for the heli- copter industry pursuant to subsection (a)(2).’’ § 44738. Training on human trafficking for cer- tain staff In addition to other training requirements, each air carrier shall provide training to ticket counter agents, gate agents, and other air car- rier workers whose jobs require regular inter- action with passengers on recognizing and re- sponding to potential human trafficking vic- tims. (Added Pub. L. 115–254, div. B, title IV, § 408(a), Oct. 5, 2018, 132 Stat. 3330.) Statutory Notes and Related Subsidiaries AIRPORT HUMAN TRAFFICKING PREVENTION GRANTS Pub. L. 118–63, title VII, § 774A, May 16, 2024, 138 Stat. 1299, provided that: ‘‘(a) IN GENERAL.—The Secretary [of Transportation] shall establish a grant program to provide grants to airports described in subsection (b)(1) to address human trafficking awareness, education, and prevention ef- forts, including by— ‘‘(1) coordinating human trafficking prevention ef- forts across multimodal transportation operations within a community; and ‘‘(2) accomplishing the best practices and rec- ommendations provided by the Department of Trans- portation Advisory Committee on Human Traf- ficking. ‘‘(b) DISTRIBUTION.— ‘‘(1) IN GENERAL.—The Secretary shall distribute amounts made available for grants under this section to— ‘‘(A) the 75 airports in the United States with the highest number of passenger enplanements annu- ally, based on the most recent data available; and ‘‘(B) as the Secretary determines to be appro- priate, an airport not described in subparagraph (A) that serves an area with a high prevalence of human trafficking, on application of the airport. ‘‘(2) PRIORITY; CONSIDERATIONS.—In distributing amounts made available for grants under this sec- tion, the Secretary shall— ‘‘(A) give priority in grant amounts to airports referred to in paragraph (1) that serve regions with a higher prevalence of human trafficking; and ‘‘(B) take into consideration the effect the amounts would have on surrounding areas. ‘‘(3) CONSULTATION.—In distributing amounts made available for grants under this section, the Secretary shall consult with the Department of Transportation Advisory Committee on Human Trafficking in deter- mining the amounts to be distributed to each grant recipient to ensure the best use of the funds. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2025 through 2028.’’ § 44739. Pets on airplanes (a) PROHIBITION.—It shall be unlawful for any person to place a live animal in an overhead storage compartment of an aircraft operated under part 121 of title 14, Code of Federal Regu- lations. (b) CIVIL PENALTY.—The Administrator may impose a civil penalty under section 46301 for each violation of this section. (Added Pub. L. 115–254, div. B, title IV, § 417(a), Oct. 5, 2018, 132 Stat. 3334.) § 44740. Special rule for certain aircraft oper- ations (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); 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.