S.Amdt. 2056

SA 2056. Mr. KELLY submitted an amendment intended to be proposed to
amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms.
Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend title 49,
United States Code, to reauthorize and improve the Federal Aviation
Administration and other civil aviation programs, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. SAFETY ENHANCEMENTS FOR CERTIFICATION OF TRANSPORT
CATEGORY PURPOSE BUILT CARGO AIRCRAFT.

(a) Purposes.--The purposes of this section are the
following:
(1) To evaluate the function and reliability aspects of
unique commercial cargo aircraft operations prior to any
commercial operation of such aircraft under part 135 or part
121 of title 14, Code of Federal Regulations.
(2) To ensure compliance with the airworthiness
requirements for unique commercial cargo aircraft.
(3) To support of the development of safe, new, and useful
air cargo systems such that the highest level of safety
mitigation, oversight, and inspections can support the
advancement of aviation in the United States.
(b) Authorization of Flight Operations for Certain
Testing.--Notwithstanding section 44711(a) of title 49,
United States Code, and any regulation prohibiting such
operations, the Secretary shall have the sole discretion to
permit, as part of function and reliability flight testing
and prior to type design approval, the operation of aircraft
carrying unique commercial cargo if such aircraft is--
(1) a cargo-only aircraft with a maximum take-off weight of
not less than 600,000 pounds;
(2) an aircraft for which testing and evaluation is to be
performed with representative or actual cargo in cargo
operation; and
(3) designed to use a novel cargo loading, cargo unloading,
or cargo retention method.
(c) Use of Designated Engineering Representative Flight
Test Pilots.--The Secretary may authorize Designated
Engineering Representative Flight Test Pilots to perform the
function and reliability flight testing described in
subsection (b).
(d) Safety Processes.--The Secretary shall use FAA safety
processes and procedures for performing certification flight
tests under this section to ensure an adequate level of
safety.
(e) Definition of Unique Commercial Cargo.--For purposes of
this section, the term ``unique commercial cargo'' means
cargo--
(1) that cannot be carried or otherwise transported in a
certified cargo airplane; and
(2) for which a person seeking certification under this
section may receive financial benefit to carry or otherwise
transport.
(f) Expiration of Authority.--The authority described in
section shall expire on October 1, 2033.
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