Sec. 306. SAFETY OF AIR AMBULANCE OPERATIONS
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## SEC. 306 SAFETY OF AIR AMBULANCE OPERATIONS ###
(a)In General Chapter 447 is amended by adding at the end the following: > > ## “SEC. 44730 Helicopter air ambulance operations > > **[**[49 U.S.C. 44730](/us/usc/t49/s44730)**]** > > > ### “(a) Compliance Regulations > > > #### “(1) In general > > Except as provided in paragraph (2), not later than 180 days after the date of enactment of this section, 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 address 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 provide for 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 Rulemaking > > > #### “(1) In general > > Upon completion of the rulemaking required under subsection (b), the Administrator shall conduct a follow-on rulemaking to address 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) Deadlines > > 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. > > > #### “(3) 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. > > > ## “SEC. 44731 Collection of data on helicopter air ambulance operations > > **[**[49 U.S.C. 44731](/us/usc/t49/s44731)**]** > > > ### “(a) In General > > The Administrator of the Federal Aviation Administration shall require a part 135 certificate holder providing helicopter air ambulance services to submit to the Administrator, not later than 1 year after the date of enactment of this section, and annually thereafter, a report containing, at a minimum, the following data: > > > #### “(1) > > The number of helicopters that the certificate holder uses to provide helicopter air ambulance services and the base locations of the helicopters. > > > #### “(2) > > The number of flights and hours flown, by registration number, during which helicopters operated by the certificate holder were providing helicopter air ambulance services. > > > #### “(3) > > The number of flight requests for a helicopter providing air ambulance services that were accepted or declined by the certificate holder and the type of each such flight request (such as scene response, interfacility transport, organ transport, or ferry or repositioning flight). > > > #### “(4) > > The number of accidents, if any, involving helicopters operated by the certificate holder while providing air ambulance services and a description of the accidents. > > > #### “(5) > > The number of flights and hours flown under instrument flight rules by helicopters operated by the certificate holder while providing air ambulance services. > > > #### “(6) > > The time of day of each flight flown by helicopters operated by the certificate holder while providing air ambulance services. > > > #### “(7) > > The number of incidents, if any, in which a helicopter was not directly dispatched and arrived to transport patients but was not utilized for patient transport. > > > ### “(b) Reporting Period > > Data contained in a report submitted by a part 135 certificate holder under subsection
(a)shall relate to such reporting period as the Administrator determines appropriate. > > > ### “(c) Database > > Not later than 180 days after the date of enactment of this section, the Administrator shall develop a method to collect and store the data collected under subsection (a), including a method to protect the confidentiality of any trade secret or proprietary information provided in response to this section. > > > ### “(d) Report to Congress > > Not later than 2 years after the date of enactment of this section, and annually thereafter, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing a summary of the data collected under subsection (a). > > > ### “(e) Definitions > > In this section, the terms ‘part 135’ and ‘part 135 certificate holder’ have the meanings given such terms in section 44730.” > . ###
(b)Authorized Expenditures Section 106(k)(2)(C) (as redesignated by this Act) is amended by inserting before the period the following: “and the development and maintenance of helicopter approach procedures”. ###
(c)Clerical Amendment The analysis for chapter 447 is amended by adding at the end the following:“44730. Helicopter air ambulance operations.“44731. Collection of data on helicopter air ambulance operations.”.
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- 75 FR 62640
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