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

Summary

Helicopters may not fly in U.S. airspace unless the FAA Administrator certifies the helicopter’s design either meets the fuel-system crash-resistance rules in 14 CFR (paragraphs (1), (2), (3), (5), and (6) of 27.952(a); 27.952(c); 27.952(f); 27.952(g); 27.963(g) with a 250‑pound minimum puncture force if drop‑tested in‑structure; 27.975(b); or paragraphs (1), (2), (3), (5), and (6) of 29.952(a); 29.952(c); 29.952(f); 29.952(g); 29.963(b) with the same 250‑pound allowance; and 29.975(a)(7) as they were on the date of enactment), or uses other FAA‑approved means that give an equivalent level of fuel‑system crash resistance. A "covered helicopter" is one not already required to meet those cited rules and whose manufacture was completed on or after the date that is 18 months after enactment. The FAA must speed up approval of U.S. and foreign type designs and retrofit kits that improve fuel‑system crashworthiness. Within 180 days after enactment, and periodically after that, the FAA must issue a bulletin telling owners and operators what modifications are available and urging they be installed as soon as practicable. These rules do not change how the Department of Defense operates helicopters. Helicopters with an experimental certificate under 14 CFR 21.191 or a Special Flight Permit under 14 CFR 21.197 are exempt.

Title 49, §44737

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(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 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)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 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