S.Amdt. 4037

1. Adds SEC. 585. AVIATION EMPOWERMENT ACT at the end of title V of division B

   Adds a section

   Inserted: SEC. 585. AVIATION EMPOWERMENT ACT.

   Inserted: (a) Definitions.--Section 40102(a) of title 49, United States Code, is amended by adding at the end the following:

   Inserted: "(48) 'common carrier' means a service provided by a person that meets the following elements:

   Inserted: "(A) holding out of a willingness to;

   Inserted: "(B) transport persons or property;

   Inserted: "(C) from place to place;

   Inserted: "(D) for compensation; and

   Inserted: "(E) without refusal unless authorized by law.

   Inserted: In applying subparagraph (D), the term 'compensation' requires the intent to pursue monetary profit but does not include flights in which the pilot and passengers share aircraft operating expenses or the pilot receives any benefit.

   Inserted: "(49) 'personal operator' means a person providing air transportation of persons or property for compensation or hire in aircraft that have eight or fewer seats, provided that the person holds a private pilot certificate pursuant to subpart E of section 61 of title 14, Code of Federal Regulations (or any successor regulation). A personal operator or a flight operated by a personal operator does not constitute a common carrier, as defined in paragraph (48), a commercial operation requiring a certificate under part 119 or 135 of title 14, Code of Federal Regulations (or any successor regulation), or a commercial operator, as defined in section 1.1 of title 14, Code of Federal Regulations (or any successor regulation).".

   Inserted: (b) Regulations.--Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall issue or revise regulations to comply with the amendments made by subsection (a) and to ensure the following:

   Inserted: (1) That a person who holds a pilot certificate may communicate with the public, in any manner the person determines appropriate, to facilitate an aircraft flight for which the pilot and passengers share aircraft operating expenses in accordance with section 61.113(c) of title 14, Code of Federal Regulations (or any successor regulation) and that such flight-sharing operations under section 61.113(c) of title 14, Code of Federal Regulations (or any successor regulation) shall not be deemed a common carrier, as defined in paragraph (48) of section 40102(a) of title 49, United States Code, or a commercial operation requiring a certificate under part 119 or 135 of title 14, Code of Federal Regulations (or any successor regulation).

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   Inserted: (2) That a personal operator, as defined in paragraph (49) of section 40102(a) of title 49, United States Code, operating under part 91 of title 14 Code of Federal Regulations (or any successor regulation) shall not be subject to the requirements set forth in part 121, 125, or 135 of title 14, Code of Federal Regulations (or any successor regulation).

   Original wording

   At the end of title V of division B, add the following:

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As printed