II
118th CONGRESS
1st Session
S. 816
IN THE SENATE OF THE UNITED STATES
March 15, 2023
Mr. Kelly (for himself and Mr. Budd) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To require the Administrator of the Federal Aviation Administration to establish an Aviation Rulemaking Committee to make recommendations regarding continuous aircraft tracking and transmission of identity, altitude, and location data for high altitude balloons, and for other purposes.
Short title
This Act may be cited as the Seeing Objects at Altitude Regularly Act
or the SOAR Act
.
Continuous aircraft tracking and transmission for high altitude balloons
Aviation Rulemaking Committee
In general
Not later than 180 days after the date of enactment of this section, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee
) to review and develop findings and recommendations regarding a standard that any high altitude balloon be equipped with a system for continuous aircraft tracking that shall transmit, at a minimum, the altitude, location, and identity of the high altitude balloon in a manner which is accessible to air traffic controllers, aircraft, and other users of the National Airspace System.
Composition
The Committee shall consist of members appointed by the Administrator, including the following:
Representatives of industry.
Aviation safety experts with specific knowledge of high altitude balloon operations.
Representatives of the Department of Defense.
Representatives of Federal agencies that conduct high altitude balloon operations.
Report
Not later than 18 months after the date of enactment of this section, the Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee described in paragraph (1). Such report shall include recommendations regarding the following:
How to update sections 91.215, 91.225, and 99.13 of title 14, Code of Federal Regulations, to require any high altitude balloons to have a continuous aircraft tracking and transmission system.
Any necessary updates to the requirements for unmanned free balloons under subpart D of part 101 of title 14, Code of Federal Regulations.
Any necessary updates to other Federal Aviation Administration regulations or requirements deemed appropriate and necessary by the Administrator to—
ensure any high altitude balloon has a continuous aircraft tracking and transmission system;
ensure all data relating to the altitude, location, and identity of any high altitude balloon is made available to air traffic controllers, aircraft, and other users of the National Airspace System; and
maintain airspace safety.
Rulemaking and other requirements
Not later than 180 days after the date on which the Committee submits the report under subsection (a)(3), the Administrator shall—
issue a notice of proposed rulemaking to require a continuous aircraft tracking and transmission system for any high altitude balloon, in accordance with the recommendations of the Committee; and
coordinate with foreign authorities (including bilateral partners and the International Civil Aviation Organization (ICAO)) to develop continuous aircraft tracking and transmission system standards for any high altitude balloon operating outside of the National Airspace System.
Interim standard
During the period beginning on the date that is 2 years after the date of enactment of this section and ending on the date on which the Administrator issues a notice of proposed rulemaking under subsection (b)(1), a person may only operate a high altitude balloon if such balloon meets the requirements described in section 91.215(b) of title 14, Code of Federal Regulations, notwithstanding the exemption provided in subsection (e)(1) of such section 91.215.
Reports to Congress
Not later than 6 months after the date of enactment of this section, and every 6 months thereafter until the Administrator promulgates a final rule under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on the status of the rulemaking and other requirements being developed under such subsection.
Definitions
In this section:
Administrator
The term Administrator means the Administrator of the Federal Aviation Administration.
Appropriate committees of Congress
The term appropriate committees of Congress means—
the Committee on Commerce, Science, and Transportation of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Transportation and Infrastructure of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
High altitude balloon
The term high altitude balloon means a manned or unmanned free balloon operating not less than 10,000 feet above sea level.