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 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. Page 1385 TITLE 49—TRANSPORTATION § 44741 (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 op- eration under chapter 509 of title 51; (B) is owned or operated by a launch or re- entry vehicle operator licensed under chap- ter 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 vehi- cle licensed for operations pursuant to chap- ter 509 of title 51; and (D) is used only to simulate space flight conditions in support of— (i) training for potential space flight par- ticipants, 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 con- ducting 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. (Added Pub. L. 115–254, div. B, title V, § 581(b)(1), Oct. 5, 2018, 132 Stat. 3398, § 44737; renumbered § 44740 and amended Pub. L. 116–260, div. V, title I, § 107(d)(1), (3), Dec. 27, 2020, 134 Stat. 2326.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260, § 107(d)(3)(A), struck out period after ‘‘operations’’ in section catchline. Pub. L. 116–260, § 107(d)(1), renumbered section 44737 of this title as this section. Subsec. (a)(1). Pub. L. 116–260, § 107(d)(3)(B), sub- stituted ‘‘section’’ for ‘‘chapter’’. Subsec. (b)(1). Pub. L. 116–260, § 107(d)(3)(C), struck out ‘‘(1)’’ the second time appearing before ‘‘The’’ in intro- ductory provisions. Subsec. (c)(2). Pub. L. 116–260, § 107(d)(3)(D), inserted period at end. Statutory Notes and Related Subsidiaries MODERNIZATION OF SPECIAL AIRWORTHINESS CERTIFICATION RULEMAKING DEADLINE Pub. L. 118–63, title VIII, § 824, May 16, 2024, 138 Stat. 1332, provided that: ‘‘Not later than 24 months after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall issue a final rule for the rulemaking activity ti- tled ‘Modernization of Special Airworthiness Certifi- cation’, published in Fall 2022 in the long-term actions of the Unified Agenda of Federal Regulatory and De- regulatory Actions (RIN 2120–AL50).’’ FLIGHT INSTRUCTION OR TESTING Pub. L. 118–63, title VIII, § 832, May 16, 2024, 138 Stat. 1339, provided that: ‘‘(a) AUTHORIZED ADDITIONAL PILOTS.—An individual acting as an authorized additional pilot during Phase I flight testing of aircraft holding an experimental air- worthiness certificate, in accordance with section 21.191 of title 14, Code of Federal Regulations, and meeting the requirements set forth in FAA [Federal Aviation Administration] regulations and policy in effect as of the date of enactment of this Act [May 16, 2024], shall not be deemed to be operating an aircraft carrying per- sons or property for compensation or hire. ‘‘(b) USE OF AIRCRAFT.—An individual who uses, causes to use, or authorizes to use aircraft for flights conducted under subsection (a) shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire. ‘‘(c) REVISION OF RULES.—The Administrator [of the Federal Aviation Administration] shall, as necessary, issue, revise, or repeal the rules, regulations, guidance, or procedures of the FAA to conform to the require- ments of this section.’’ RULE OF CONSTRUCTION RELATING TO ROLE OF NASA Pub. L. 115–254, div. B, title V, § 581(b)(3), Oct. 5, 2018, 132 Stat. 3399, provided that: ‘‘Nothing in this sub- section [enacting this section] shall be construed as limiting the ability of [the] National Aeronautics and Space Administration (NASA) to place conditions on or otherwise qualify the operations of NASA contractors providing NASA services.’’ § 44741. Approval of organization designation au- thorization unit members (a) IN GENERAL.—Beginning January 1, 2022, each individual who is selected on or after such date to become an ODA unit member by an ODA holder engaged in the design of an aircraft, air- craft engine, propeller, or appliance and per- forms an authorized function pursuant to a dele- gation by the Administrator of the Federal Aviation Administration under section 44702(d)— (1) shall be— (A) an employee, a contractor, or a con- sultant of the ODA holder; or (B) the employee of a supplier of the ODA holder; and (2) may not become a member of such unit unless approved by the Administrator pursu- ant to this section. (b) PROCESS AND TIMELINE.— (1) IN GENERAL.—The Administrator shall maintain an efficient process for the review and approval of an individual to become an ODA unit member under this section. (2) PROCESS.—An ODA holder described in subsection (a) may submit to the Adminis- trator an application for an individual to be approved to become an ODA unit member under this section. The application shall be submitted in such form and manner as the Ad- ministrator determines appropriate. The Ad- ministrator shall require an ODA holder to submit with such an application information sufficient to demonstrate an individual’s qualifications under subsection (c).