II 110th CONGRESS 2d Session S. 3553 IN THE SENATE OF THE UNITED STATES September 24 (legislative day, September 17), 2008 Ms. Murkowski (for herself and Mr. Stevens) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To exempt certain charitable flights from certain regulations applicable to commercial flights.

1.

Short title

This Act may be cited as the Volunteer Pilot Act.

2.

Exemptions for certain charitable flights

(a)

In general

Section 44701(f) of title 49, United States Code, is amended— (1)by striking The Administrator and inserting the following: (1)

In general

The Administrator ; and (2)by adding at the end the following: (2)

Charitable flights

Notwithstanding any other provision of law, a passenger or cargo carrying flight for the benefit of a nonprofit organization recognized under Federal or State law that does not involve any payment from the beneficiary of such flight shall not be required to obtain an air carrier or commercial operator certificate under section 44705, shall not be required to obtain an air carrier and commercial operator certificate under part 119 of title 14, Code of Federal Regulations, and shall not be subject to drug and alcohol testing under sections 121.457 and 121.459 of such title 14, if— (A)the flight is conducted from an airport that is adequate for the airplane or helicopter used; (B)the airplane or helicopter has a maximum of 9 seats, excluding each crew member seat, and a maximum payload capacity of 7,500 pounds; (C)the flight is not an aerobatic or a formation flight; (D)the airplane or helicopter used for the flight holds a standard airworthiness certificate, is airworthy, and is operated in compliance with all applicable Federal Aviation Administration airworthiness standards; (E)reimbursement of, or donations to, the pilot in command of the airplane or helicopter does not exceed the total cost of owning, operating, and maintaining the aircraft for that flight, which may include fuel, oil, airport expenditures, rental fees, insurance, and maintenance; (F)a private pilot acting as pilot in command has at least 500 hours of flight time; (G)the flight is conducted in accordance with applicable Federal Aviation Administration safety regulations; and (H)the pilot in command maintains a record with the Federal Aviation Administration that shows that the pilot is in compliance with all applicable Federal Aviation Administration regulations. (3)

Classification of charitable flights

Any flight meeting the requirements under paragraph (2) shall not be considered to be a flight for compensation or hire for purposes of the Federal Aviation Administration. . (b)

Rulemaking

The Administrator of the Federal Aviation Administration shall promulgate regulations to carry out the amendment made by subsection (a).