New H.R.4432 - Commercial UAS Modernization Act

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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:
 
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