S.Amdt. 2261

SA 2261. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself,
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr.
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R.
3684, to authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec.   . (a) Aviation Empowerment.--Section 40102(a) of
title 49, United States Code, is amended by adding at the end
the following:
``(48) `common carrier' means a service provided by a
person that meets the following elements:
``(A) holding out of a willingness to;
``(B) transport persons or property;
``(C) from place to place;
``(D) for compensation; and
``(E) without refusal unless authorized by law.
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.
``(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).''.
(b) Regulations.--Not later than 60 days after the date of
enactment of this section, the Secretary of Transportation
shall issue or revise regulations to comply with this section
and to ensure the following:
(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).
(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).
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