49 U.S.C. § 44730: Helicopter air ambulance…

Summary

Requires helicopter air ambulance operators under part 135 to follow weather minimums and flight-and-duty rules whenever medical staff are on board. If the flight is under instrument flight rules (IFR), the FAA Administrator can allow skipping the destination weather-reporting rule during operations or training. The FAA must issue a final safety rule by June 1, 2012, based on the October 12, 2010 proposal, to make flights safer for crews, medical staff, and passengers. The rule must cover things like how flights are requested and dispatched, pilot training (including stopping controlled flight into terrain and recovering from accidental flight into instrument weather), and safety tech such as terrain-warning systems, radar altimeters, and flight-data/voice-recording devices. At minimum, operators must set up a flight risk evaluation program based on FAA Notice 8000.301 (issued August 1, 2005), make a pilot checklist for accepting flights, and require pilots to use it. Operators with 10 or more helicopters must have an operational control center. The FAA must later address more detailed training and safety-gear rules (for example, harnesses, helmets, seatbelts, and fire-resistant clothing) but does not have to replace or weaken the main rule. Definitions: part 135 — the rules in 14 CFR part 135. part 135 certificate holder — a person with a part 119 operating certificate authorized to run civil helicopter air ambulance operations under part 135.

Title 49, §44730

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(a)Compliance Regulations.—

(1)In general.—

Except as provided in paragraph (2), a part 135 certificate holder providing air ambulance services shall comply, whenever medical personnel are onboard the aircraft, with regulations pertaining to weather minimums and flight and duty time under part 135.

(2)Exception.—

If a certificate holder described in paragraph (1) is operating, or carrying out training, under instrument flight rules, the weather reporting requirement at the destination shall not apply if authorized by the Administrator of the Federal Aviation Administration.

(b)Final Rule.—

Not later than June 1, 2012, the Administrator shall issue a final rule, with respect to the notice of proposed rulemaking published in the Federal Register on October 12, 2010 (75 Fed. Reg. 62640), to improve the safety of flight crewmembers, medical personnel, and passengers onboard helicopters providing air ambulance services under part 135.

(c)Matters To Be Addressed.—

In conducting the rulemaking proceeding under subsection (b), the Administrator shall consider, or address through other means, the following:

(1)Flight request and dispatch procedures, including performance-based flight dispatch procedures.

(2)Pilot training standards, including establishment of training standards in—

(A)preventing controlled flight into terrain; and

(B)recovery from inadvertent flight into instrument meteorological conditions.

(3)Safety-enhancing technology and equipment, including—

(A)helicopter terrain awareness and warning systems;

(B)radar altimeters; and

(C)devices that perform the function of flight data recorders and cockpit voice recorders, to the extent feasible.

(4)Such other matters as the Administrator considers appropriate.

(d)Minimum Requirements.—

In issuing a final rule under subsection (b), the Administrator, at a minimum, shall consider, or address through other means, the following:

(1)Flight risk evaluation program.—

The Administrator shall ensure that a part 135 certificate holder providing helicopter air ambulance services—

(A)establishes a flight risk evaluation program, based on FAA Notice 8000.301 issued by the Administration on August 1, 2005, including any updates thereto;

(B)as part of the flight risk evaluation program, develops a checklist for use by pilots in determining whether a flight request should be accepted; and

(C)requires the pilots of the certificate holder to use the checklist.

(2)Operational control center.—

The Administrator shall ensure that a part 135 certificate holder providing helicopter air ambulance services using 10 or more helicopters has an operational control center that meets such requirements as the Administrator may prescribe.

(e)Subsequent Actions.—

(1)In general.—

Upon completion of the rulemaking required under subsection (b), the Administrator shall address through a follow-on rulemaking, or through such other means that the Administrator considers appropriate, the following:

(A)Pilot training standards, including—

(i)mandatory training requirements, including a minimum time for completing the training requirements;

(ii)training subject areas, such as communications procedures and appropriate technology use; and

(iii)establishment of training standards in—

(I)crew resource management;

(II)flight risk evaluation;

(III)operational control of the pilot in command; and

(IV)use of flight simulation training devices and line-oriented flight training.

(B)Use of safety equipment that should be worn or used by flight crewmembers and medical personnel on a flight, including the possible use of shoulder harnesses, helmets, seatbelts, and fire resistant clothing to enhance crash survivability.

(2)Limitation on construction.—

Nothing in this subsection shall be construed to require the Administrator to propose or finalize any rule that would derogate or supersede the rule required to be finalized under subsection (b).

(f)Definitions.—

In this section, the following definitions apply:

(1)Part 135.—

The term “part 135” means part 135 of title 14, Code of Federal Regulations.

(2)Part 135 certificate holder.—

The term “part 135 certificate holder” means a person holding an operating certificate issued under part 119 of title 14, Code of Federal Regulations, that is authorized to conduct civil helicopter air ambulance operations under part 135.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (a)(1). Pub. L. 118–63, § 301(a)(1), struck out “not later than 180 days after the date of enactment of this section,” after “paragraph (2),”. Subsec. (c). Pub. L. 118–63, § 301(a)(2), substituted “consider, or address through other means, the following” for “address the following” in introductory provisions. Subsec. (d). Pub. L. 118–63, § 301(a)(3), substituted “consider, or address through other means, the following” for “provide for the following” in introductory provisions. Subsec. (e). Pub. L. 118–63, § 301(a)(4)(A), substituted “Subsequent Actions” for “Subsequent Rulemaking” in heading. Subsec. (e)(1). Pub. L. 118–63, § 301(a)(4)(B), substituted “shall address through a follow-on rulemaking, or through such other means that the Administrator considers appropriate, the following:” for “shall conduct a follow-on rulemaking to address the following:” in introductory provisions. Subsec. (e)(2), (3). Pub. L. 118–63, § 301(a)(4)(C), (D), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “Not later than 180 days after the date of issuance of a final rule under subsection (b), the Administrator shall initiate the rulemaking under this subsection.”

§44730 Helicopter Air Ambulance Operations

Summary

Title 49, §44730

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata