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49 U.S.C. § 44714 (TRANSPORTATION)
§ 44714. Aviation fuel standards
The Administrator of the Federal Aviation Administration shall prescribe—
(1) standards for the composition or chemical or physical properties of an aircraft fuel or fuel additive to control or eliminate aircraft emissions the Administrator of the Environmental Protection Agency decides under section 231 of the Clean Air Act (42 U.S.C. 7571) endanger the public health or welfare; and
(2) regulations providing for carrying out and enforcing those standards.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1195.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
44714
49 App.:1421(e).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 601(e); added Dec. 31, 1970, Pub. L. 91–604, § 11(b)(1), 84 Stat. 1705; Nov. 9, 1977, Pub. L. 95–163, § 15(b)(1), 91 Stat. 1283.
In this section, before clause (1), the words “and from time to time revise” are omitted as surplus. In clause (1), the words “establishing” and “the purpose of” are omitted as surplus.
heading: Aviation Fuel
text: Pub. L. 115–254, div. B, title V, § 565, Oct. 5, 2018, 132 Stat. 3385, provided that:
“(a) Use of Unleaded Aviation Gasoline.—
The Administrator [of the Federal Aviation Administration] shall allow the use of an unleaded aviation gasoline in an aircraft as a replacement for a leaded gasoline if the Administrator—
“(1) determines that the unleaded aviation gasoline qualifies as a replacement for an approved leaded gasoline;
“(2) identifies the aircraft and engines that are eligible to use the qualified replacement unleaded gasoline; and
“(3) adopts a process (other than the traditional means of certification) to allow eligible aircraft and engines to operate using qualified replacement unleaded gasoline in a manner that ensures safety.
“(b) Timing.—
The Administrator shall adopt the process described in subsection (a)(3) not later than 180 days after the later of—
“(1) the date on which the [Federal Aviation] Administration completes the Piston Aviation Fuels Initiative; or
“(2) the date on which the American Society for Testing and Materials publishes a production specification for an unleaded aviation gasoline.
“(c) Type Certification.—
Existing regulatory mechanisms by which an unleaded aviation gasoline can be approved for use in an engine or aircraft by Type or Supplemental Type Certificate for individual aircraft and engine types or by Approved Model List Supplemental Type Certificate providing coverage for a broad range of applicable types of aircraft or engines identified in the application shall continue to be fully available as a means of approving and bringing an unleaded aviation gasoline into general use in the United States. Such approvals shall be issued when the Administrator finds that the aircraft or engine performs properly and meets the applicable regulations and minimum standards under the normal certification process.”
49 U.S.C. § 44737.1 (TRANSPORTATION)
§ 44737.1 Helicopter fuel system safety
(a) Prohibition.—
(1) In general.—
A person may not operate a covered rotorcraft in United States airspace unless the design of the rotorcraft is certified by the Administrator of the Federal Aviation Administration to—
(A) comply with the requirements applicable to the category of the rotorcraft 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 rotorcraft defined.—
In this subsection, the term “covered rotorcraft” means a rotorcraft 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 rotorcraft 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 rotorcraft by the Department of Defense.
(Added Pub. L. 115–254, div. B, title III, § 317(a), Oct. 5, 2018, 132 Stat. 3268.)
heading: References in Text
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.
49 U.S.C. § 44738 (TRANSPORTATION)
§ 44738. Training on human trafficking for certain staff
In addition to other training requirements, each air carrier shall provide training to ticket counter agents, gate agents, and other air carrier workers whose jobs require regular interaction with passengers on recognizing and responding to potential human trafficking victims.
(Added Pub. L. 115–254, div. B, title IV, § 408(a), Oct. 5, 2018, 132 Stat. 3330.)
49 U.S.C. § 44739 (TRANSPORTATION)
§ 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 Regulations.
(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.)
49 U.S.C. § 44737.1 (TRANSPORTATION)
§ 44737.1 Special rule for certain aircraft operations.2
(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 chapter 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.
(b) Limited Applicability.—
Subsection (a) shall apply only to a space support vehicle flight that satisfies each of the following:
(1) (1) 3 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 operation under chapter 509 of title 51;
(B) is owned or operated by a launch or reentry vehicle operator licensed under chapter 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 vehicle licensed for operations pursuant to chapter 509 of title 51; and
(D) is used only to simulate space flight conditions in support of—
(i) training for potential space flight participants, 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 conducting 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 4
(Added Pub. L. 115–254, div. B, title V, § 581(b)(1), Oct. 5, 2018, 132 Stat. 3398.)
heading: Rule of Construction Relating to Role of NASA
text: Pub. L. 115–254, div. B, title V, § 581(b)(3), Oct. 5, 2018, 132 Stat. 3399, provided that: “Nothing in this subsection [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.”
49 U.S.C. § 44804 (TRANSPORTATION)
§ 44804. Small unmanned aircraft in the Arctic
(a) In General.—
The Secretary of Transportation shall develop a plan and initiate a process to work with relevant Federal agencies and national and international communities to designate permanent areas in the Arctic where small unmanned aircraft may operate 24 hours per day for research and commercial purposes.
(b) Plan Contents.—
The plan under subsection (a) shall include the development of processes to facilitate the safe operation of small unmanned aircraft beyond the visual line of sight.
(c) Requirements.—
Each permanent area designated under subsection (a) shall enable over-water flights from the surface to at least 2,000 feet in altitude, with ingress and egress routes from selected coastal launch sites.
(d) Agreements.—
To implement the plan under subsection (a), the Secretary may enter into an agreement with relevant national and international communities.
(e) Aircraft Approval.—
(1) In general.—
Subject to paragraph (2), not later than 1 year after the entry into force of an agreement necessary to effectuate the purposes of this section, the Secretary shall work with relevant national and international communities to establish and implement a process for approving the use of a small unmanned aircraft in the designated permanent areas in the Arctic without regard to whether the small unmanned aircraft is used as a public aircraft, a civil aircraft, or a model aircraft.
(2) Existing process.—
The Secretary may implement an existing process to meet the requirements under paragraph (1).
(Added Pub. L. 115–254, div. B, title III, § 344(a), Oct. 5, 2018, 132 Stat. 3290.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 332(d) of Pub. L. 112–95, which was set out in a note under section 40101 of this title, prior to repeal by Pub. L. 115–254, div. B, title III, § 341(b)(2), Oct. 5, 2018, 132 Stat. 3287. The remainder of the note comprised of subtitle B of title III of Pub. L. 112–95 was transferred and is set out under section 44802 of this title.
49 U.S.C. § 44807 (TRANSPORTATION)
§ 44807. Special authority for certain unmanned aircraft systems
(a) In General.—
Notwithstanding any other requirement of this chapter, the Secretary of Transportation shall use a risk-based approach to determine if certain unmanned aircraft systems may operate safely in the national airspace system notwithstanding completion of the comprehensive plan and rulemaking required by section 44802 or the guidance required by section 44806.
(b) Assessment of Unmanned Aircraft Systems.—
In making the determination under subsection (a), the Secretary shall determine, at a minimum—
(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, operation over people, and operation within or beyond the visual line of sight, or operation during the day or night, do not create a hazard to users of the national airspace system or the public; and
(2) whether a certificate under section 44703 or section 44704 of this title, or a certificate of waiver or certificate of authorization, is required for the operation of unmanned aircraft systems identified under paragraph (1) of this subsection.
(c) Requirements for Safe Operation.—
If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system, including operation related to research, development, and testing of proprietary systems.
(d) Sunset.—
The authority under this section for the Secretary to determine if certain unmanned aircraft systems may operate safely in the national airspace system terminates effective September 30, 2023.
(Added Pub. L. 115–254, div. B, title III, § 347(a), Oct. 5, 2018, 132 Stat. 3296.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 333 of Pub. L. 112–95, which was set out in a note under section 40101 of this title, prior to repeal by Pub. L. 115–254, div. B, title III, § 347(b)(2), Oct. 5, 2018, 132 Stat. 3296. The remainder of the note comprised of subtitle B of title III of Pub. L. 112–95 was transferred and is set out under section 44802 of this title.
49 U.S.C. § 44808 (TRANSPORTATION)
§ 44808. Carriage of property by small unmanned aircraft systems for compensation or hire
(a) In General.—
Not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator of the Federal Aviation Administration shall update existing regulations to authorize the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the United States.
(b) Contents.—
Any rulemaking conducted under subsection (a) shall provide for the following:
(1) Use performance-based requirements.
(2) Consider varying levels of risk to other aircraft and to persons and property on the ground posed by different unmanned aircraft systems and their operation and tailor performance-based requirements to appropriately mitigate risk.
(3) Consider the unique characteristics of highly automated, small unmanned aircraft systems.
(4) Include requirements for the safe operation of small unmanned aircraft systems that, at a minimum, address—
(A) airworthiness of small unmanned aircraft systems;
(B) qualifications for operators and the type and nature of the operations;
(C) operating specifications governing the type and nature of the unmanned aircraft system air carrier operations; and
(D) the views of State, local, and tribal officials related to potential impacts of the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the communities to be served.
(5) Small uas.—
The Secretary may amend part 298 of title 14, Code of Federal Regulations, to update existing regulations to establish economic authority for the carriage of property by small unmanned aircraft systems for compensation or hire. Such authority shall only require—
(A) registration with the Department of Transportation;
(B) authorization from the Federal Aviation Administration to conduct operations; and
(C) compliance with chapters 401, 411, and 417.
(6) Availability of current certification processes.—
Pending completion of the rulemaking required in subsection (a) of this section, a person may seek an air carrier operating certificate and certificate of public convenience and necessity, or an exemption from such certificate, using existing processes.
(Added Pub. L. 115–254, div. B, title III, § 348(a), Oct. 5, 2018, 132 Stat. 3297.)
heading: References in Text
text: The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (a), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.
49 U.S.C. § 44914 (TRANSPORTATION)
§ 44914. Airport construction guidelines
In consultation with the Department of Transportation, air carriers, airport authorities, and others the Administrator of the Transportation Security Administration considers appropriate, the Administrator shall develop guidelines for airport design and construction to allow for maximum security enhancement. In developing the guidelines, the Administrator shall consider the results of the assessment carried out under section 44904(a) of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1214; Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, § 1991(d)(12), Oct. 5, 2018, 132 Stat. 3635.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
44914
49 App.:1357 (note).
Nov. 16, 1990, Pub. L. 101–604, § 106(f), 104 Stat. 3075.
49 App.:1432(d).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 612(d); added Nov. 16, 1990, Pub. L. 101–604, § 110(a), 104 Stat. 3080.
The words “In developing the guidelines” are substituted for “In developing airport construction guidelines under subsection (d) of section 612 of the Federal Aviation Act of 1958, as added by section 110 of this Act” in section 106(f) of the Aviation Security Improvement Act of 1990 (Public Law 101–604, 104 Stat. 3075) to eliminate unnecessary words.
heading: Amendments
text: 2018—Pub. L. 115–254 substituted “with the Department of Transportation, air carriers, airport authorities, and others the Administrator of the Transportation Security Administration” for “with air carriers, airport authorities, and others the Under Secretary of Transportation for Security” and, in two places, “Administrator” for “Under Secretary”.
2001—Pub. L. 107–71 substituted “Under Secretary” for “Administrator” wherever appearing and “of Transportation for Security” for “of the Federal Aviation Administration”.
49 U.S.C. § 44915 (TRANSPORTATION)
§ 44915. Exemptions
The Administrator of the Transportation Security Administration may exempt from sections 44901, 44903(a)–(c) and (e), 44906, 44935, and 44936 of this title airports in Alaska served only by air carriers that—
(1) hold certificates issued under section 41102 of this title;
(2) operate aircraft with certificates for a maximum gross takeoff weight of less than 12,500 pounds; and
(3) board passengers, or load property intended to be carried in an aircraft cabin, that will be screened under section 44901 of this title at another airport in Alaska before the passengers board, or the property is loaded on, an aircraft for a place outside Alaska.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1215; Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, § 1991(d)(13), Oct. 5, 2018, 132 Stat. 3635.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
44915
49 App.:1358.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 317; added July 12, 1976, Pub. L. 94–353, § 17(a), 90 Stat. 882.
In clause (1), the word “issued” is substituted for “granted” for consistency in this part. The words “by the Civil Aeronautics Board” are omitted as surplus.
Clause (3) is substituted for 49 App.:1358 (words after 3d comma) for consistency in the revised title.
heading: Amendments
text: 2018—Pub. L. 115–254 substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security” in introductory provisions.
2001—Pub. L. 107–71 substituted “Under Secretary of Transportation for Security” for “Administrator of the Federal Aviation Administration” in introductory provisions.
49 U.S.C. § 44916 (TRANSPORTATION)
§ 44916. Assessments and evaluations
(a) Periodic Assessments.—
The Administrator of the Transportation Security Administration shall require each air carrier and airport (including the airport owner or operator in cooperation with the air carriers and vendors serving each airport) that provides for intrastate, interstate, or foreign air transportation to conduct periodic vulnerability assessments of the security systems of that air carrier or airport, respectively. The Transportation Security Administration shall perform periodic audits of such assessments.
(b) Investigations.—
The Administrator of the Transportation Security Administration shall conduct periodic and unannounced inspections of security systems of airports and air carriers to determine the effectiveness and vulnerabilities of such systems. To the extent allowable by law, the Administrator may provide for anonymous tests of those security systems.
(Added Pub. L. 104–264, title III, § 312(a), Oct. 9, 1996, 110 Stat. 3253; amended Pub. L. 107–71, title I, § 101(f)(3), (7), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, § 1991(d)(14), Oct. 5, 2018, 132 Stat. 3635.)
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–254, § 1991(d)(14)(A), substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security”.
Subsec. (b). Pub. L. 115–254, § 1991(d)(14)(B), substituted “Administrator of the Transportation Security Administration shall” for “Under Secretary shall” and “Administrator may” for “Under Secretary may”.
2001—Subsec. (a). Pub. L. 107–71, § 101(f)(3), substituted “Under Secretary of Transportation for Security” for “Administrator” in first sentence and “Transportation Security Administration” for “Administration” in second sentence.
Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted “Under Secretary” for “Administrator” in two places.
heading: Effective Date
text: Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.