Sec. 332. Codification of existing law; additional provisions
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Subtitle VII of title 49, United States Code, is amended by inserting after chapter 453 the following: 45501. Definitions. 45502. Integration of civil unmanned aircraft systems into national airspace system. 45503. Risk-based permitting of unmanned aircraft systems. 45504. Public unmanned aircraft systems. 45505. Special rules for certain unmanned aircraft systems. 45506. Certification of new air navigation facilities for unmanned aircraft and other aircraft. 45507. Special rules for certain UTM and low-altitude CNS. 45508.
Operation of small unmanned aircraft. 45509. Exception for limited recreational operations of unmanned aircraft. 45510. Carriage of property for compensation or hire. 45511. Micro UAS operations. In this chapter, the following definitions apply: The term aerial data collection means the gathering of data by a device aboard an unmanned aircraft during flight, including imagery, sensing, and measurement by such device. The term Arctic means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain.
The terms certificate of waiver and certificate of authorization mean a Federal Aviation Administration grant of approval for a specific flight operation. The term CNS means a communication, navigation, or surveillance system or service. the term model aircraft means an unmanned aircraft that is— capable of sustained flight in the atmosphere; flown within visual line of sight of the person operating the aircraft; and flown for hobby or recreational purposes. The term permanent areas means areas on land or water that provide for launch, recovery, and operation of small unmanned aircraft.
The term public unmanned aircraft system means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft (as defined in section 40102(a)). The term sense-and-avoid capability means the capability of an unmanned aircraft to remain a safe distance from and to avoid collisions with other airborne aircraft. The term small unmanned aircraft means an unmanned aircraft weighing less than 55 pounds, including everything that is on board or otherwise attached to the aircraft.
The term unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. The term unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the pilot in command to operate safely and efficiently in the national airspace system. The term UTM means an unmanned aircraft traffic management system or service.
Not later than November 10, 2012, the Secretary of Transportation, in consultation with representatives of the aviation industry, Federal agencies that employ unmanned aircraft systems technology in the national airspace system, and the unmanned aircraft systems industry, shall develop a comprehensive plan to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system. The plan required under paragraph
(1)shall contain, at a minimum, recommendations or projections on— the rulemaking to be conducted under subsection (b), with specific recommendations on how the rulemaking will— define the acceptable standards for operation and certification of civil unmanned aircraft systems; ensure that any civil unmanned aircraft system includes a sense-and-avoid capability; and establish standards and requirements for the operator and pilot of a civil unmanned aircraft system, including standards and requirements for registration and licensing; the best methods to enhance the technologies and subsystems necessary to achieve the safe and routine operation of civil unmanned aircraft systems in the national airspace system; a phased-in approach to the integration of civil unmanned aircraft systems into the national airspace system; a timeline for the phased-in approach described under subparagraph (C); creation of a safe airspace designation for cooperative manned and unmanned flight operations in the national airspace system; establishment of a process to develop certification, flight standards, and air traffic requirements for civil unmanned aircraft systems at test ranges where such systems are subject to testing; the best methods to ensure the safe operation of civil unmanned aircraft systems and public unmanned aircraft systems simultaneously in the national airspace system; and incorporation of the plan into the annual NextGen Implementation Plan document (or any successor document) of the Federal Aviation Administration. The plan required under paragraph
(1)shall provide for the safe integration of civil unmanned aircraft systems into the national airspace system as soon as practicable, but not later than September 30, 2015. Not later than February 14, 2013, the Secretary shall submit to Congress a copy of the plan required under paragraph (1). Not later than February 14, 2013, the Secretary shall approve and make available in print and on the Administration’s internet website a 5-year roadmap for the introduction of civil unmanned aircraft systems into the national airspace system, as coordinated by the Unmanned Aircraft Program Office of the Administration. The Secretary shall update, in coordination with the Administrator of the National Aeronautics and Space Administration
(NASA)and relevant stakeholders, including those in industry and academia, the roadmap annually. The roadmap shall include, at a minimum— cost estimates, planned schedules, and performance benchmarks, including specific tasks, milestones, and timelines, for unmanned aircraft systems integration into the national airspace system, including an identification of— the role of the unmanned aircraft systems test ranges established under subsection
(c)and the Unmanned Aircraft Systems Center of Excellence; performance objectives for unmanned aircraft systems that operate in the national airspace system; and research and development priorities for tools that could assist air traffic controllers as unmanned aircraft systems are integrated into the national airspace system, as appropriate; a description of how the Administration plans to use research and development, including research and development conducted through NASA’s Unmanned Aircraft Systems Traffic Management initiatives, to accommodate, integrate, and provide for the evolution of unmanned aircraft systems in the national airspace system; an assessment of critical performance abilities necessary to integrate unmanned aircraft systems into the national airspace system, and how these performance abilities can be demonstrated; and an update on the advancement of technologies needed to integrate unmanned aircraft systems into the national airspace system, including decisionmaking by adaptive systems, such as sense-and-avoid capabilities and cyber physical systems security. Not later than 18 months after the date on which the plan required under subsection (a)(1) is submitted to Congress under subsection (a)(4), the Secretary shall publish in the Federal Register— a final rule on small unmanned aircraft systems that will allow for civil operation of such systems in the national airspace system, to the extent the systems do not meet the requirements for expedited operational authorization under section 45508; a notice of proposed rulemaking to implement the recommendations of the plan required under subsection (a)(1), with the final rule to be published not later than 16 months after the date of publication of the notice; and an update to the Administration’s most recent policy statement on unmanned aircraft systems, contained in Docket No. FAA–2006–25714. Not later than August 12, 2012, the Secretary shall develop a plan and initiate a process to work with relevant Federal agencies and national and international communities to designate permanent areas in the Arctic where small unmanned aircraft may operate 24 hours per day for research and commercial purposes. The plan for operations in these permanent areas shall include the development of processes to facilitate the safe operation of unmanned aircraft beyond line of sight. Such areas shall enable over-water flights from the surface to at least 2,000 feet in altitude, with ingress and egress routes from selected coastal launch sites. To implement the plan under paragraph (1), the Secretary may enter into an agreement with relevant national and international communities. Not later than 1 year after the entry into force of an agreement necessary to effectuate the purposes of this subsection, the Secretary shall work with relevant national and international communities to establish and implement a process, or may apply an applicable process already established, for approving the use of unmanned aircraft in the designated permanent areas in the Arctic without regard to whether an unmanned aircraft is used as a public aircraft, a civil aircraft, or a model aircraft. Not later than 120 days after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish procedures for issuing permits under this section with respect to certain unmanned aircraft systems and operations thereof. Upon the submission of an application in accordance with subsection (d), the Administrator shall issue a permit with respect to the proposed operation of an unmanned aircraft system if the Administrator determines that the unmanned aircraft system and the proposed operation achieve a level of safety that is equivalent to— other unmanned aircraft systems and operations permitted under regulation, exemption, or other authority granted by the Administrator; or any other aircraft operation approved by the Administrator with similar risk characteristics or profiles. In determining whether a proposed operation meets the standards described in subsection (b), the Administrator shall consider the following safety criteria: The kinetic energy of the unmanned aircraft system. The location of the proposed operation, including the proximity to— structures; congested areas; special-use airspace; and persons on the ground. The nature of the operation, including any proposed risk mitigation. Any known hazard of the proposed operation and the severity and likelihood of such hazard. Any known failure modes of the unmanned aircraft system, failure mode effects and criticality, and any mitigating features or capabilities. The operational history of relevant technologies, if available. Any history of civil penalties or certificate actions by the Administrator against the applicant seeking the permit. Any other safety criteria the Administrator considers appropriate. An application under this section shall include evidence that the unmanned aircraft system and the proposed operation thereof meet the standards described in subsection
(b)based on the criteria described in subsection (c). A permit issued under this section shall— be valid for 5 years; constitute approval of both the airworthiness of the unmanned aircraft system and the proposed operation of such system; be renewable for additional 5-year periods; and contain any terms necessary to ensure aviation safety. Not later than 120 days after the Administrator receives a complete application under subsection (d), the Administrator shall provide the applicant written notice of a decision to approve or disapprove of the application or to request a modification of the application that is necessary for approval of the application. The Administrator shall issue a permit under this section without regard to subsections
(b)through
(d)of section 553 of title 5 and chapter 35 of title 44 if the Administrator determines that the operation permitted will not occur near a congested area. To the extent consistent with aviation safety, the Administrator may exempt applicants under this section from paragraphs
(1)through
(3)of section 44711(a). The Administrator may, at any time, modify or withdraw a permit issued under this section. This section shall not apply to small unmanned aircraft systems and operations authorized by the final rule on small unmanned aircraft systems issued pursuant to section 45502(b)(1). The Administrator shall review and act upon applications under this section on an expedited basis for unmanned aircraft systems and operations thereof to be used primarily in, or primarily in direct support of, emergency preparedness, emergency response, or disaster recovery efforts, including efforts in connection with natural disasters and severe weather events. Not later than November 10, 2012, the Secretary of Transportation shall issue guidance regarding the operation of public unmanned aircraft systems to— expedite the issuance of a certificate of authorization process; provide for a collaborative process with public agencies to allow for an incremental expansion of access to the national airspace system as technology matures and the necessary safety analysis and data become available, and until standards are completed and technology issues are resolved; facilitate the capability of public agencies to develop and use test ranges, subject to operating restrictions required by the Federal Aviation Administration, to test and operate unmanned aircraft systems; and provide guidance on a public entity’s responsibility when operating an unmanned aircraft without a civil airworthiness certificate issued by the Administration. Not later than December 31, 2015, the Administrator shall develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system. Not later than May 14, 2012, the Secretary shall enter into agreements with appropriate government agencies to simplify the process for issuing certificates of waiver or authorization with respect to applications seeking authorization to operate public unmanned aircraft systems in the national airspace system. The agreements shall— with respect to an application described in paragraph (1)— provide for an expedited review of the application; require a decision by the Administrator on approval or disapproval within 60 business days of the date of submission of the application; and allow for an expedited appeal if the application is disapproved; allow for a one-time approval of similar operations carried out during a fixed period of time; and allow a government public safety agency to operate unmanned aircraft weighing 4.4 pounds or less, if operated— within the line of sight of the operator; less than 400 feet above the ground; during daylight conditions; within Class G airspace; and outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities. Notwithstanding any other requirement of this subtitle, and not later than August 12, 2012, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 45502 or the guidance required under section 45504. In making the determination under subsection (a), the Secretary shall determine, at a minimum— which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 is required for the operation of unmanned aircraft systems identified under paragraph (1). If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. Not later than 18 months after the date of enactment of this section, and notwithstanding section 2208 of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 40101 note), the Administrator of the Federal Aviation Administration shall initiate a rulemaking to establish procedures for issuing air navigation facility certificates pursuant to section 44702 to operators of— UTM for unmanned aircraft operations that occur primarily or exclusively in airspace 400 feet above ground level and below; and low-altitude CNS for aircraft operations that occur primarily or exclusively in airspace 400 feet above ground level and below. In issuing a final rule pursuant to subsection (a), the Administrator, at a minimum, shall provide for the following: The Administrator shall issue an air navigation facility certificate under the final rule if the Administrator determines that a UTM or low-altitude CNS facilitates or improves the safety of unmanned aircraft or other aircraft operations that occur primarily or exclusively in airspace 400 feet above ground level and below, including operations conducted under a waiver issued pursuant to subpart D of part 107 of title 14, Code of Federal Regulations. In determining whether a UTM or low-altitude CNS meets the standard described in paragraph (1), the Administrator shall, as appropriate, consider— protection of persons and property on the ground; remote identification of aircraft; collision avoidance with respect to obstacles and aircraft; deconfliction of aircraft trajectories; safe and reliable interoperability or noninterference with air traffic control and other systems operated in the national airspace system; detection of noncooperative aircraft; geographic and local factors; aircraft equipage; and qualifications, if any, necessary to operate the UTM or low-altitude CNS. An application for an air navigation facility certificate under the final rule shall include evidence that the UTM or low-altitude CNS meets the standard described in paragraph
(1)based on the criteria described in paragraph (2). The Administrator shall ensure that an air navigation facility certificate issued under the final rule— constitutes approval of the UTM or low-altitude CNS for the duration of the term of the certificate; constitutes authorization to operate the UTM or low-altitude CNS for the duration of the term of the certificate; and contains such limitations and conditions as may be necessary to ensure aviation safety. Not later than 120 days after the Administrator receives a complete application under the final rule, the Administrator shall provide the applicant with a written approval, disapproval, or request to modify the application. Under the final rule, the Administrator shall establish expedited procedures for approval of UTM or low-altitude CNS operated in— airspace away from congested areas; or other airspace above areas in which operations of unmanned aircraft pose very low risk. To the extent consistent with aviation safety, the Administrator may exempt applicants under the final rule from requirements under sections 44702, 44703, and 44711. A certificate issued under the final rule may, at any time, be modified or revoked by the Administrator. In carrying out this section, the Administrator shall consult with other Federal agencies, as appropriate. Notwithstanding any other requirement of this chapter, and not later than 120 days after the date of enactment of this section, the Secretary of Transportation shall determine if certain UTM and low-altitude CNS may operate safely in the national airspace system before completion of the rulemaking required by section 45506. In making the determination under subsection (a), the Secretary shall determine, at a minimum, which types of UTM and low-altitude CNS, if any, as a result of their operational capabilities, reliability, intended use, and areas of operation, and the characteristics of the aircraft involved, do not create a hazard to users of the national airspace system or the public. If the Secretary determines that certain UTM and low-altitude CNS may operate safely in the national airspace system, the Secretary shall establish requirements for their safe operation in the national airspace system. The Secretary shall provide expedited procedures for reviewing and approving UTM or low-altitude CNS operated to monitor or control aircraft operated primarily or exclusively in airspace above— croplands; areas other than congested areas; and other areas in which the operation of unmanned aircraft poses very low risk. In carrying out this section, the Administrator shall consult with other Federal agencies, as appropriate. Not later than 270 days after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish a procedure for granting an exemption and issuing a certificate of waiver or authorization for the operation of a small unmanned aircraft system in United States airspace for the purposes described in section 45501(1). An exemption granted under this section shall— exempt the operator of a small unmanned aircraft from the provisions of title 14, Code of Federal Regulations, that are exempted in Exemption No. 11687, issued on May 26, 2015, Regulatory Docket Number FAA–2015–0117, or in a subsequent exemption; and contain conditions and limitations described in paragraphs 3 through 31 of such Exemption No. 11687, or conditions and limitations of a subsequent exemption. A certificate of waiver or authorization issued under this section shall allow the operation of small unmanned aircraft according to— the standard provisions and air traffic control special provisions of the certificate of waiver or authorization FAA Form 7711–1 (7–74); or the standard and special provisions of a subsequent certificate of waiver or authorization. Before operating a small unmanned aircraft pursuant to a certificate of waiver or authorization granted under this section, the operator shall provide written notice to the Administrator, in a form and manner specified by the Administrator, that contains such information and assurances as the Administrator determines necessary in the interest of aviation safety and the efficiency of the national airspace system, including a certification that the operator has read, understands, and will comply with all terms, conditions, and limitations of the certificate of waiver or authorization. Notwithstanding section 44711(a)(1), the holder of a certificate of waiver or authorization granted under this section may operate a small unmanned aircraft under the terms, conditions, and limitations of such certificate without an airworthiness certificate. The granting of an exemption or the issuance of a certificate of waiver or authorization, or any other action authorized by this section, shall be made without regard to— section 553 of title 5; or chapter 35 of title 44. Nothing in this section may be construed to— affect the issuance of a rule by or any other activity of the Secretary of Transportation or the Administrator under any other provision of law; or invalidate an exemption or certificate of waiver or authorization issued by the Administrator before the date of enactment of this section. An exemption or certificate of waiver or authorization issued under this section, or an amendment of such exemption or certificate, shall cease to be valid on the effective date of a final rule on small unmanned aircraft systems issued under section 45502(b)(1). Except as provided in subsection (e), and notwithstanding chapter 447 of title 49, United States Code, a person may operate a small unmanned aircraft without specific certification or operating authority from the Federal Aviation Administration if the operation adheres to all of the following limitations: The aircraft is flown strictly for recreational purposes. The aircraft is operated in accordance with or within the programming of a community-based set of safety guidelines that conform with published Federal Aviation Administration advisory materials. The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator. The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft. In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions. In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions. The operator has passed an aeronautical knowledge and safety test described in subsection
(g)and administered by the Federal Aviation Administration online for the operation of unmanned aircraft systems and maintains proof of test passage to be made available to the Administrator or law enforcement upon request. The aircraft is registered and marked in accordance with chapter 441 of this title and proof of registration is made available to the Administrator or a designee of the Administrator or law enforcement upon request. Unmanned aircraft operations that do not conform to the limitations in subsection
(a)must comply with all statutes and regulations generally applicable to unmanned aircraft and unmanned aircraft systems. Persons operating unmanned aircraft under subsection
(a)from a fixed site within Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, or a community-based organization conducting a sanctioned event within such airspace, shall establish a mutually agreed upon operating procedure with the air traffic control facility. A person may operate an unmanned aircraft weighing more than 55 pounds, including the weight of anything attached to or carried by the aircraft, under subsection
(a)if— the unmanned aircraft complies with standards and limitations developed by a community-based organization and approved by the Administrator; and the aircraft is operated from a fixed site as described in paragraph (1). The Administrator, in consultation with government and industry stakeholders, including community-based organizations, shall initiate a process to periodically update the operational parameters under subsection (a), as appropriate. In updating an operational parameter under paragraph (1), the Administrator shall consider— appropriate operational limitations to mitigate risks to aviation safety and national security, including risk to the uninvolved public and critical infrastructure; operations outside the membership, guidelines, and programming of a community-based organization; physical characteristics, technical standards, and classes of aircraft operating under this section; trends in use, enforcement, or incidents involving unmanned aircraft systems; ensuring, to the greatest extent practicable, that updates to the operational parameters correspond to, and leverage, advances in technology; and equipage requirements that facilitate safe, efficient, and secure operations and further integrate all unmanned aircraft into the National Airspace System. Nothing in this subsection shall be construed as expanding the authority of the Administrator to require a person operating an unmanned aircraft under this section to seek permissive authority of the Administrator, beyond that required in subsection
(a)of this section, prior to operation in the National Airspace System. Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement action against a person operating any unmanned aircraft who endangers the safety of the National Airspace System. Nothing in this section prohibits the Administrator from promulgating rules generally applicable to unmanned aircraft, including those unmanned aircraft eligible for the exception set forth in this section, relating to— updates to the operational parameters for unmanned aircraft in subsection (a); the registration and marking of unmanned aircraft; the standards for remotely identifying owners and operators of unmanned aircraft systems and associated unmanned aircraft; and other standards consistent with maintaining the safety and security of the National Airspace System. Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with manufacturers of unmanned aircraft systems, other industry stakeholders, and community-based aviation organizations, shall develop an aeronautical knowledge and safety test that can be administered electronically. The Administrator shall ensure the aeronautical knowledge and safety test is designed to adequately demonstrate an operator’s— understanding of aeronautical safety knowledge; and knowledge of Federal Aviation Administration regulations and requirements pertaining to the operation of an unmanned aircraft system in the National Airspace System. Not later than 1 year after the date of enactment of this section, the Secretary of Transportation shall issue a final rule authorizing the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the United States. The final rule required under subsection
(a)shall provide for the following: The Administrator of the Federal Aviation Administration, at the direction of the Secretary, shall establish a small UAS air carrier certificate for persons that undertake directly, or by lease or other arrangement, the operation of small unmanned aircraft systems to carry property in air transportation, including commercial fleet operations with highly automated unmanned aircraft systems. The requirements to obtain a small UAS air carrier certificate shall— account for the unique characteristics of highly automated small unmanned aircraft systems; and include only those obligations necessary for the safe operation of small unmanned aircraft systems. The Administrator, at the direction of the Secretary, shall establish a process for the issuance of a small UAS air carrier certificate described in paragraph
(1)that is streamlined, simple, performance-based, and risk-based. Such certification process shall consider— safety and the mitigation of operational risks from highly automated small unmanned aircraft systems to the safety of other aircraft, and persons and property on the ground; the safety and reliability of highly automated small unmanned aircraft system design, including technological capabilities and operational limitations to mitigate such risks; and the competencies and compliance programs of manufacturers, operators, and companies that both manufacture and operate small unmanned aircraft systems and components. The Secretary shall develop a classification system for small unmanned aircraft systems air carriers to establish economic authority for the carriage of property by small unmanned aircraft systems for compensation or hire. Such classification shall only require— registration with the Department of Transportation; and a valid small UAS air carrier certificate as described in paragraph (1). Not later than 60 days after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall charter an aviation rulemaking advisory committee to develop recommendations for regulations under which any person may operate a micro unmanned aircraft system, the aircraft component of which weighs 4.4 pounds or less, including payload, without the person operating the system being required to pass any airman certification requirement, including any requirements under section 44703, part 61 of title 14, Code of Federal Regulations, or any other rule or regulation relating to airman certification. In developing recommendations for the operation of micro unmanned aircraft systems under subsection (a), the members of the aviation rulemaking advisory committee shall consider rules for operation of such systems— at an altitude of less than 400 feet above ground level; with an airspeed of not greater than 40 knots; within the visual line of sight of the operator; during the hours between sunrise and sunset; by an operator who has passed an aeronautical knowledge and safety test administered by the Federal Aviation Administration online specifically for the operation of micro unmanned aircraft systems, with such test being of a length and difficulty that acknowledges the reduced operational complexity and low risk of micro unmanned aircraft systems; not over unprotected persons uninvolved in its operation; and at least 5 statute miles from the geographic center of a tower-controlled airport or airport denoted on a current Federal Aviation Administration-published aeronautical chart, except that a micro unmanned aircraft system may be operated closer than 5 statute miles to the airport if the operator— provides prior notice to the airport operator; and receives, for a tower-controlled airport, prior approval from the air traffic control facility located at the airport. In developing recommendations for recommended regulations under subsection (a), the aviation rulemaking advisory committee shall consult with— unmanned aircraft systems stakeholders, including manufacturers of micro unmanned aircraft systems; community-based aviation organizations; the Center of Excellence for Unmanned Aircraft Systems; and appropriate Federal agencies. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to an aviation rulemaking advisory committee chartered under this section. Not later than 180 days after the date of receipt of the recommendations under subsection (a), the Administrator shall issue regulations incorporating recommendations of the aviation rulemaking advisory committee that provide for the operation of micro unmanned aircraft systems in the United States— without an airman certificate; and without an airworthiness certificate for the associated unmanned aircraft. In determining whether a person may operate an unmanned aircraft system under 1 or more of the circumstances described under paragraphs
(1)through
(3)of subsection (b), the Administrator shall use a risk-based approach and consider, at a minimum, the physical and functional characteristics of the unmanned aircraft system. The Administrator may only issue regulations under this section for unmanned aircraft systems that the Administrator determines may be operated safely in the national airspace system pursuant to those regulations. Nothing in this section may be construed— to prohibit a person from operating an unmanned aircraft system under a circumstance described under paragraphs
(1)through
(3)of subsection
(b)if— the circumstance is allowed by regulations issued under this section; and the person operates the unmanned aircraft system in a manner prescribed by the regulations; or to limit or affect in any way the Administrator’s authority to conduct a rulemaking, make a determination, or carry out any activity related to unmanned aircraft or unmanned aircraft systems under any other provision of law. . Sections 332(a), 332(b), 332(d), 333, 334, and 336 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note) are repealed. The items relating to sections 333, 334, and 336 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note) in the table of contents contained in section 1(b) of that Act are repealed. Section 46301 of title 49, United States Code, is amended— in subsection (a)— in paragraph (1)(A) by inserting chapter 455, after chapter 451, ; and in paragraph (5)(A)(i) by striking or chapter 451, and inserting chapter 451, chapter 455, ; in subsection (d)(2) by inserting chapter 455, after chapter 451, ; and in subsection (f)(1)(A)(i) by striking or chapter 451 and inserting chapter 451, or chapter 455 . The analysis for subtitle VII of title 49, United States Code, is amended by inserting after the item relating to chapter 453 the following: 455. Unmanned aircraft systems 45501 .
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Sec. 332
Codification of existing law; additional provisions
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