§44737 — Title 49 Transportation | U.S. Code

Summary

Helicopters may not be flown in U.S. airspace unless the FAA says their design meets certain fuel‑system crash‑resistance rules that were in effect when the law was passed, or unless the FAA approves other methods that give the same level of protection. Covered helicopter: a helicopter that was not already required to meet those older rules and whose manufacture was finished on or after the date that is 18 months after the law was passed, as decided by the FAA. The FAA must speed up approval of U.S. and foreign designs and retrofit kits that make fuel systems safer in a crash. Within 180 days after the law and then periodically, the FAA must issue a bulletin telling owners and operators what improvements are available and urging they be installed as soon as practicable. These rules do not affect Department of Defense helicopter operations. Helicopters with experimental certificates or operating under special flight permits are not covered by these requirements.

Title 49, §44737

Transportation — Source: USLM XML via OLRC

(a)(1)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)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)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 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 installed as soon as practicable.

(c)Nothing in this section may be construed to affect the operation of a helicopter by the Department of Defense.

(d)A helicopter issued an experimental certificate under section 21.191 of title 14, Code of Federal Regulations (or any successor regulations), or operating under a Special Flight Permit issued under section 21.197 of title 14, Code of Federal Regulations (or any successor regulations), is excepted from the requirements of this section.

Notes & Related Subsidiaries

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. 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 Rulemaking Advisory Committee to—“(1) review the data analysis conducted and the recommendations developed by the Aviation Rulemaking 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 reviewed under subparagraph (A); and “(3) develop recommendations for either the Administrator or the helicopter industry to encourage helicopter owners and operators to expedite the installation of crash-resistant fuel systems in the aircraft of such owners and operators regardless of original certification and manufacture date. “(b) Schedule.—“(1) Deadline.—Not later than 18 months after the Administrator tasks the Aviation Rulemaking Advisory 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 receives 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 Administrator does not implement; and “(B) partner with the United States Helicopter Safety Team, as appropriate, to facilitate implementation of any recommendations for the helicopter industry pursuant to subsection (a)(2).”

§44737 Helicopter fuel system safety