Sec. 319. Special rule for certain aircraft operations
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/bill/115/hr/4/pcs/section-319A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 447 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following: The operator of an aircraft with a special airworthiness certificate in the experimental category may— operate the aircraft for the purpose of conducting a commercial space transportation support flight; and conduct such flight under such certificate carrying persons or property for compensation or hire notwithstanding any rule or term of a certificate issued by the Administrator of the Federal Aviation Administration that would prohibit flight for compensation or hire. Subsection
(a)shall apply only to a commercial space transportation support flight that satisfies each of the following: The aircraft conducting the commercial space transportation support flight— takes flight and lands at a single site that is licensed for operation under chapter 509 of title 51; and is used only to simulate space flight conditions in support of— training for potential space flight participants or crew (as those terms are defined in chapter 509 of title 51); or the testing of hardware to be used in space flight. The operator of the commercial space transportation support flight— informs, in writing, any individual serving as crew of the aircraft that the United States Government has not certified the aircraft as safe for carrying crew or passengers prior to executing any contract or other arrangement to employ that individual (or, in the case of an individual already employed as of the date of enactment of this section, prior to any commercial space transportation support flight in which the individual will participate as crew); prior to receiving any compensation for carrying any passengers on the aircraft— informs, in writing, the passengers about the risks of the aircraft and commercial space transportation support flight, including the safety record for the operator’s fleet of similar vehicle types and information sufficient to adequately describe the safety record for the vehicle type regardless of operator; and informs, in writing, any passenger that the United States Government has not certified the aircraft as safe for carrying crew or passengers; provides any passenger an opportunity to ask questions orally to acquire a better understanding of the safety record of the aircraft and commercial space transportation support flight; and obtains written informed consent from any individual serving as crew and all passengers of the commercial space transportation support flight that— identifies the specific aircraft the consent covers; states that the individual understands the risk and that the presence of the individual on board the aircraft is voluntary; and is signed and dated by the individual. When the aircraft is also a launch vehicle, reentry vehicle, or component of a launch or reentry vehicle, the operator of the aircraft holds a license or permit issued under chapter 509 of title 51 for that vehicle or vehicle component. Any other requirements that the Administrator may prescribe to permit a commercial space transportation support flight under this section. Section 44711(a)(1) shall not apply to a person conducting a commercial space transportation support flight under this section only to the extent that a term of the experimental certificate under which the person is operating the aircraft prohibits the carriage of persons or property for compensation or hire. Nothing in this section shall be construed to limit the authority of the Administrator to exempt a person from a regulatory prohibition on the carriage of persons or property for compensation or hire subject to terms and conditions other than those described in this section. . The analysis for chapter 447 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following: 44737. Special rule for certain aircraft operations. .