H.R. 6012 — FARE Act

This section defines, for purposes of the Act, (1) "commercial flight" as a regularly scheduled flight operated by a passenger common carrier subject to FAA Part 121 regulations (i.e., commercial air carrier operations), and (2) "private aircraft flight" as a flight using an aircraft equipped with one or more jet engines that is not operated as such a regularly scheduled flight.

This section prohibits the Federal Aviation Administration (FAA) from reducing or temporarily prohibiting commercial flights in the navigable airspace of the National Airspace System during a lapse in appropriations unless all private aircraft flights are prohibited within the same geographical area for the same period. Exceptions apply to private aircraft flights exclusively for public safety; government business; military or diplomatic purposes; medical reasons; agricultural purposes; meteorological or scientific purposes; humanitarian, nutritional, or emergency relief; or carrying cargo. The FAA may enforce this section through civil penalties under 49 U.S.C. §46301(a) or a civil action seeking an injunction.