[Congressional Record Volume 162, Number 55 (Tuesday, April 12, 2016)]
[Senate]
[Pages S1930-S1931]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3665. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson)
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to
permanently extend increased expensing limitations, and for other
purposes; which was ordered to lie on the table; as follows:
On page 125, between lines 6 and 7, insert the following:
SEC. 2143. MICRO UNMANNED AIRCRAFT SYSTEMS.
(a) Short Title.--This section may be cited as the ``Micro
Drone Safety and Innovation Act of 2016''.
(b) Operation of Micro Unmanned Aircraft Systems.--
(1) In general.--Subtitle B of title III of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note), as amended by sections 2122(b)(2),
2128(b)(2), and 2129(b)(2), is further amended by adding at
the end the following:
[[Page S1931]]
``SEC. 337. SPECIAL RULE FOR MICRO UNMANNED AIRCRAFT SYSTEMS.
``(a) Requirements for Operation of Micro Unmanned Aircraft
Systems.--
``(1) In general.--A micro unmanned aircraft system and the
operator of that system shall qualify for the exemptions
described under subsections (b), (c), and (d) if the system
is operated--
``(A) at an altitude of less than 400 feet above ground
level;
``(B) at an airspeed of not greater than 40 knots;
``(C) within the visual line of sight of the operator;
``(D) during the hours between sunrise and sunset; and
``(E) except as provided in paragraph (2), not less than 5
statute miles from the geographic center of an airport with
an operational air traffic control tower or an airport
denoted on a current aeronautical chart published by the
Federal Aviation Administration.
``(2) Operation within 5 statute miles of an airport.--A
micro unmanned aircraft system may be operated within 5
statute miles of an airport described in paragraph (1)(E) if,
before the micro unmanned aircraft system is operated within
5 statute miles of the airport, the operator of the micro
unmanned aircraft system--
``(A) provides notice to the airport operator; and
``(B) in the case of an airport with an operational air
traffic control tower, receives approval from the air traffic
control tower.
``(b) Exemptions for Operators of Micro Unmanned Aircraft
Systems.--Notwithstanding sections 44703 and 44711 of title
49, United States Code, part 61 of title 14, Code of Federal
Regulations, or any other provision of a statute, rule, or
regulation relating to airman certification, any person may
operate a micro unmanned aircraft system in accordance with
subsection (a) without being required--
``(1) to pass any aeronautical knowledge test;
``(2) to meet any age or experience requirement; or
``(3) to obtain an airman certificate or medical
certificate.
``(c) Exemption From Airworthiness Standards.--
Notwithstanding any provision of chapter 447 of title 49,
United States Code, or any other provision of a statute,
rule, or regulation relating to certification of aircraft or
aircraft parts or equipment, a micro unmanned aircraft system
operated in accordance with subsection (a) and component
parts and equipment for that system shall not be required to
meet airworthiness certification standards or to obtain an
airworthiness certificate.
``(d) Exemptions From Operational Regulations.--
``(1) Part 91 regulations.--Sections 91.7(a), 91.119(c),
91.121, 91.151(a)(1), 91.405(a), and 91.407(a)(1), paragraphs
(1) and (2) of section 91.409(a), and subsections (a) and (b)
of section 91.417 of title 14, Code of Federal Regulations,
shall not apply with respect to the operation of a micro
unmanned aircraft system in accordance with subsection (a).
``(2) Certificate of waiver or authorization.--A micro
unmanned aircraft system operated in accordance with
subsection (a) may be operated by any person without a
certificate of authorization or waiver from the Federal
Aviation Administration.
``(3) Future regulations.--A micro unmanned aircraft system
operated in accordance with subsection (a), and the operator
of such a system, shall be exempt from any additional
requirements that may be prescribed pursuant to this subtitle
after the date of the enactment of the Micro Drone Safety and
Innovation Act of 2016.
``(e) Alternative Regulations.--Instead of being operated
in accordance with subsection (a), a micro unmanned aircraft
may be operated pursuant to any form of authorization,
operational rules, or exemptions pertaining to unmanned
aircraft systems prescribed by the Administrator, except that
a micro unmanned aircraft and its operator shall be exempt
from any requirement for an airman certificate or medical
certificate.
``(f) Micro Unmanned Aircraft System Defined.--In this
section, the term `micro unmanned aircraft system' means an
unmanned aircraft system the aircraft component of which
weighs not more than 4.4 pounds, including payload.''.
(2) Table of contents.--The table of contents for the FAA
Modernization and Reform Act of 2012 is amended by inserting
after the item relating to section 335 the following:
``337. Special rule for micro unmanned aircraft systems.''.
______