Pub. L. 118-63, tit. VIII, sec. 830 (as amended)
CHARITABLE FLIGHT FUEL REIMBURSEMENT EXEMPTIONS.
SEC. 830. [49 U.S.C. 40101 note] CHARITABLE FLIGHT FUEL REIMBURSEMENT EXEMPTIONS.
(a) In General.—
(1) Validity of exemption.—Except as otherwise provided in this subsection, an exemption from section 61.113(c) of title 14, Code of Federal Regulations, that is granted by the Administrator for the purpose of allowing a volunteer pilot to accept reimbursement from a volunteer pilot organization for the fuel costs and airport fees attributed to a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) shall be valid for 5 years.
(2) Failing to adhere.—If the Administrator finds an exemption holder under paragraph (1) or a volunteer pilot fails to adhere to the conditions and limitations of the exemption described under such paragraph, the Administrator may rescind or suspend the exemption.
(3) No longer qualifying.—If the Administrator finds that such exemption holder no longer qualifies as a volunteer pilot organization, the Administrator shall rescind such exemption.
(4) Forgoing exemption.—If such exemption holder informs the Administrator that such holder no longer plans to exercise the authority granted by such exemption, the Administrator may rescind such exemption.
(b) Additional Requirements.—
(1) In general.—A volunteer pilot organization may impose additional safety requirements on a volunteer pilot without—
(A) being considered—
(i) an air carrier (as such term is defined in section 40102 of title 49, United States Code); or
(ii) a commercial operator (as such term is defined in section 1.1 of title 14, Code of Federal Regulations); or
(B) constituting common carriage.
(2) Savings clause.—Nothing in this subsection may be construed to limit or otherwise affect the authority of the Administrator to regulate, as appropriate, a flight operation associated with a volunteer pilot organization that constitutes a commercial operation or common carriage.
(c) Reissuance of Existing Exemptions.—In reissuing an expiring exemption described in subsection (a) that was originally issued prior to the date of enactment of this Act, the Administrator shall ensure that the reissued exemption—
(1) accounts for the provisions of this section and section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note); and
(2) is otherwise substantially similar to the previously issued exemption.
(d) Statutory Construction.—Nothing in this section shall be construed to—
(1) affect the authority of the Administrator to exempt a pilot (exercising the private pilot privileges) from any restriction on receiving reimbursement for the fuel costs and airport fees attributed to a flight operation to provide charitable transportation; or
(2) impose or authorize the imposition of any additional requirements by the Administrator on a flight that is arranged by a volunteer pilot organization in which the volunteer pilot—
(A) is not reimbursed the fuel costs and airport fees attributed to a flight operation to provide charitable flights; or
(B) pays a pro rata share of expenses as described in section 61.113(c) of title 14, Code of Federal Regulations.
(e) Definitions.—In this section:
(1) Volunteer pilot.—The term “volunteer pilot” means a person who—
(A) acts as a pilot in command of a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note); and
(B) holds a private pilot certificate, commercial pilot certificate, or an airline transportation pilot certificate issued under part 61 of title 14, Code of Federal Regulations.
(2) Volunteer pilot organization.—The term “volunteer pilot organization” has the meaning given such term in section 821(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).
- Cross-references to the US Code
- 49 U.S.C. 40101 note