[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4432 Introduced in House (IH)]
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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:
``SEC. 339. DEPUTY ASSOCIATE ADMINISTRATOR FOR UNMANNED AIRCRAFT.
``(a) Appointment.--The Administrator of the Federal Aviation
Administration (referred to in this section as the `Administrator')
shall appoint a Deputy Associate Administrator for Unmanned Aircraft
(referred to in this section as the `Deputy Associate Administrator'),
who shall report to the Administrator and to the Secretary of
Transportation.
``(b) Principal Duties.--The Deputy Associate Administrator shall
create an achievable comprehensive research and development plan for
the safe integration of unmanned aircraft into the National Airspace
System that--
``(1) takes into account work being done at other Federal
agencies, in conjunction with their industry collaborators;
``(2) is based on an initial audit of current unmanned
aircraft activity across the Federal Government in order to
identify gaps and overlaps; and
``(3) allows for programmatic exemptions based on previous
analysis.
``(c) Other Issues.--The Deputy Associate Administrator, in
consultation with the Administrator, shall develop strategies for
resolving--
``(1) unmanned aircraft spectrum issues;
``(2) barriers to unmanned aircraft operating beyond line
of sight;
``(3) barriers to allowing payload carriage and the
feasibility of developing a classification of small UAS air
carriers; and
``(4) barriers to utilizing automated unmanned aircraft
systems.
``(d) Exemptions.--
``(1) In general.--Not later than 90 days after the date of
the enactment of the Commercial UAS Modernization Act, the
Deputy Associate Administrator, in consultation with the
Administrator, shall expedite and expand exemptions from the
interim operating restrictions otherwise applicable to unmanned
aircraft under section 337.
``(2) Exemptions.--The exemptions authorized under
paragraph (1) may include--
``(A) beyond line of sight operations;
``(B) programmatic exemptions based on previous
analysis;
``(C) extended visual line of sight and marginal
visual flight rules weather conditions; and
``(D) heavier unmanned vehicles.''.
(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 338, as added by section 2(b), the
following:
``Sec. 339. Deputy Associate Administrator for Unmanned Aircraft.''.
SEC. 4. JOINT AIRCRAFT SYSTEM RESEARCH AND DEVELOPMENT DATA COLLECTION
AND ANALYSIS PROGRAM.
(a) Establishment.--The Administrator of the Federal Aviation
Administration shall establish a joint aircraft system research and
development data collection and analysis program at the William J.
Hughes Technical Center (referred to in this section as the
``Center'').
(b) Research and Development Priorities.--The Director of the
Center shall set priorities for data collection, analysis, and research
under the program established under subsection (a), including
identifying safety standards for detect and avoid, command and control,
autonomous aircraft systems, and air traffic management for beyond
visual line of sight operations for such aircraft.
(c) Use of Test Sites.--The program established under subsection
(a) shall utilize the 6 unmanned aircraft system test sites of the
Federal Aviation Administration to--
(1) conduct research;
(2) collect data;
(3) develop quarterly milestones to expedite commercial
unmanned aircraft system operations; and
(4) work with other Federal agencies, the Center of
Excellence for Unmanned Aircraft Systems, federally funded
research and development centers, industry, academia, and
others, as appropriate, to implement commercial unmanned
aircraft system operations.
(d) Air Traffic Management Pilot Program.--
(1) Implementation.--The Administrator of the Federal
Aviation Administration, acting through the Center, and the
Administrator of the National Aeronautics and Space
Administration, shall implement an air traffic management pilot
program to research and test a new regulatory structure for
commercial and other operations of small unmanned aircraft in
controlled and uncontrolled airspace below 1,200 feet above
ground level.
(2) Management testing.--The Center shall partner with a
neutral third party to test the management of small unmanned
aircraft in the airspace described in paragraph (1).
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the Director of
the Center shall submit a report that summarizes the actions taken
under subsections (b), (c), and (d) to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
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