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New H.R.4432 - Commercial UAS Modernization Act

Discussion in 'News' started by ObiDon, Feb 5, 2016.

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  1. ObiDon

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    This is a new bill that is committee as of 2/2/2016
    Text - H.R.4432 - 114th Congress (2015-2016): Commercial UAS Modernization Act

    A key part of interest is:





    [Congressional Bills 114th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 4432 Introduced in House (IH)]

    <DOC>






    114th CONGRESS
    2d Session
    H. R. 4432

    To establish an interim rule for the operation of small unmanned
    aircraft for commercial purposes, and for other purposes.


    _______________________________________________________________________


    IN THE HOUSE OF REPRESENTATIVES

    February 2, 2016

    Mr. Blumenauer introduced the following bill; which was referred to the
    Committee on Transportation and Infrastructure, and in addition to the
    Committee on Science, Space, and Technology, for a period to be
    subsequently determined by the Speaker, in each case for consideration
    of such provisions as fall within the jurisdiction of the committee
    concerned

    _______________________________________________________________________

    A BILL



    To establish an interim rule for the operation of small unmanned
    aircraft for commercial purposes, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commercial UAS Modernization Act''.

    SEC. 2. INTERIM RULE FOR THE OPERATION OF SMALL UNMANNED AIRCRAFT FOR
    COMMERCIAL PURPOSES.

    (a) In General.--Subtitle B of title III of the FAA Modernization
    and Reform Act of 2012 (Public Law 112-95) is amended by adding at the
    end the following:

    ``SEC. 337. OPERATION OF SMALL UNMANNED AIRCRAFT FOR COMMERCIAL
    PURPOSES.

    ``(a) In General.--An individual may operate a small unmanned
    aircraft for commercial purposes without an airworthiness certificate
    within the United States, subject to the requirements under subsection
    (b) and the operating restrictions under subsection (c) during the
    period beginning on the date of the enactment of the Commercial UAS
    Modernization Act and ending on the effective date of a final rule
    based on the notice of proposed rulemaking issued on February 23, 2015,
    entitled `Operation and Certification of Small Unmanned Aircraft
    Systems' (80 Fed. Reg. 9544).
    ``(b) General Requirements.--
    ``(1) Liability insurance.--A small unmanned aircraft may
    not be operated for commercial purposes during the period set
    forth in subsection (a) unless the Administrator receives an
    attestation that the owner of such aircraft has a liability
    insurance policy covering the operation of such aircraft.
    ``(2) Registration.--A small unmanned aircraft may not be
    operated for commercial purposes unless the owner has
    registered the aircraft as required by the Federal Aviation
    Administration.
    ``(3) Testing requirements.--
    ``(A) Exam development.--Not later than 30 days
    after the date of the enactment of the Commercial UAS
    Modernization Act, the Administrator of the Federal
    Aviation Administration shall develop an initial
    aeronautical knowledge test that meets the requirements
    set forth in the notice of proposed rulemaking referred
    to in subsection (a).
    ``(B) Requirements.--An individual may not operate
    a small unmanned aircraft for commercial purposes
    unless such individual has--
    ``(i) received a passing grade on the test
    developed under subparagraph (A);
    ``(ii) passed a proficiency test
    administered by a test site selected pursuant
    to section 332(c); and
    ``(iii) demonstrated the ability to fly the
    aircraft in accordance with the operating
    restrictions set forth in subsection (c).
    ``(4) Certification.--A small unmanned aircraft may not be
    operated for commercial purposes until the operator of a test
    site selected pursuant to section 332(c), in collaboration with
    a designated airworthiness representative, certifies that the
    small unmanned aircraft--
    ``(A) meets the requirements for small unmanned
    aircraft set forth in the notice of proposed rulemaking
    referred to in subsection (a); and
    ``(B) is capable of operating within the limits
    described in subsection (c).
    ``(c) Operating Restrictions.--During the period set forth in
    subsection (a), small unmanned aircraft operated for commercial
    purposes--
    ``(1) may only be operated under visual line of sight
    rules;
    ``(2) may not be operated higher than 500 feet above ground
    level;
    ``(3) may not be operated unless the operator has prior
    authorization from the air traffic control facility having
    jurisdiction over that airspace--
    ``(A) in Class B, Class C, or Class D airspace; or
    ``(B) within the lateral boundaries of the surface
    area of Class E airspace designated for an airport;
    ``(4) may only be operated in daylight conditions;
    ``(5) shall yield right of way to all other users of the
    National Airspace System;
    ``(6) may not be operated by any individual with any
    physical or mental condition that the individual knows, or has
    reason to know, would interfere with the safe operation of the
    aircraft; and
    ``(7) may only be operated after a preflight inspection (as
    described in the notice of proposed rulemaking referred to in
    subsection (a)).
    ``(d) Accident Reporting.--The operator of a small unmanned
    aircraft that is involved in any accident causing personal injury or
    property damage, other than to the small unmanned aircraft, shall
    report such accident to the Federal Aviation Administration not later
    than 2 days after such accident.

    ``SEC. 338. MICRO UAS OPERATIONS.

    ``(a) Micro UAS Classification.--The Administrator of the Federal
    Aviation Administration shall provide for a micro UAS classification of
    unmanned aircraft systems, the aircraft component of which may not
    weigh more than 4.4 pounds, including payload.
    ``(b) Micro UAS Operational Limitations.--The operation of a micro
    UAS shall be subject to the exemptions under subsection (c) only if the
    micro UAS is operated--
    ``(1) less than 400 feet above ground level;
    ``(2) at an airspeed of not greater than 40 knots;
    ``(3) within the visual line of sight of the operator;
    ``(4) during daylight; and
    ``(5) at least 5 statute miles from the geographic center
    of an airport as denoted on a current aeronautical chart
    published by the Federal Aviation Administration, except that
    upon notice to the airport operator and air traffic control
    tower, such airport operator may allow an individual to operate
    a micro UAS within 5 statute miles of a tower-controlled
    airport.
    ``(c) Micro UAS Exemptions.--
    ``(1) An operator of a micro UAS that complies with the
    limitations of operation under subsection (b) shall not be
    required to pass any aeronautical knowledge test or meet any
    age or experience requirement, including any requirements under
    section 44703 of title 49, United States Code, part 61 of title
    14, Code of Federal Regulations, and any other rule or
    regulation pertaining to airman certification.
    ``(2) A micro UAS and the component parts and equipment of
    such micro UAS shall not be required to meet airworthiness
    certification standards or to obtain certificates of
    airworthiness.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of
    the FAA Modernization and Reform Act of 2012 is amended by inserting
    after the item relating to section 336 the following:

    ``Sec. 337. Operation of small unmanned aircraft for commercial
    purposes.
    ``Sec. 338. Micro UAS operations.''.

    SEC. 3. DEPUTY ASSOCIATE ADMINISTRATOR FOR UNMANNED AIRCRAFT.

    (a) In General.--Subtitle B of title III of the FAA Modernization
    and Reform Act of 2012 (Public Law 112-95), as amended by section 2(a),
    is further amended by adding at the end the following:
     
    #1 ObiDon, Feb 5, 2016
    Last edited: Feb 5, 2016
  2. Meta4

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