Sec. 933. Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems
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/bill/118/hr/3935/eas/section-933·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other Federal requirement or restriction related to the transportation of hazardous materials on aircraft, the Secretary shall, beginning not later than 180 days after enactment of this section, use a risk-based approach to establish the operational requirements, standards, or special permits necessary to approve or authorize an air carrier to transport hazardous materials by unmanned aircraft systems providing common carriage under part 135 of title 14, Code of Federal Regulations, or under successor authorities, as applicable, based on the weight, amount, and type of hazardous material being transported and the characteristics of the operations subject to such requirements, standards, or special purposes.
In carrying out subsection (a), the Secretary shall consider, at a minimum— the safety of the public and users of the national airspace system; efficiencies of allowing the safe transportation of hazardous materials by unmanned aircraft systems and whether such transportation complies with the hazardous materials regulations under subchapter C of chapter I of title 49, Code of Federal Regulations, including any changes to such regulations issued pursuant to this section; the risk profile of the transportation of hazardous materials by unmanned aircraft systems, taking into consideration the risk associated with differing weights, quantities, and packing group classifications of hazardous materials; mitigations to the risk of the hazardous materials being transported, based on the weight, amount, and type of materials being transported and the characteristics of the operation, including operational and aircraft-based mitigations; and the altitude at which unmanned aircraft operations are conducted.
The Secretary may require unmanned aircraft systems operators to submit a safety risk assessment acceptable to the Administrator, as part of the operator certification process, in order for such operators to perform the carriage of hazardous materials as authorized under this section. The Secretary shall make such changes as are necessary to conform the hazardous materials regulations under parts 173 and 175 of title 49, Code of Federal Regulations, to this section. Such changes shall be made concurrently with the activities described in subsection (a).
Not later than 180 days of the date of enactment of this Act, the Secretary shall hold a public meeting to obtain input on changes necessary to implement this section. The Secretary shall— periodically review, as necessary, amounts of hazardous materials allowed to be carried by unmanned aircraft systems pursuant to this section; and determine whether such amounts should be revised, based on operational and safety data, without negatively impacting overall aviation safety. Nothing in this section shall be construed to— limit the authority of the Secretary, the Administrator, or the Administrator of the Pipeline and Hazardous Materials Safety Administration from implementing requirements to ensure the safe carriage of hazardous materials by aircraft; and confer upon the Administrator the authorities of the Administrator of the Pipeline and Hazardous Materials Safety Administration under part 175 of title 49, Code of Federal Regulations, and chapter 51 of title 49, United States Code.
In this section, the term hazardous materials has the meaning given such term in section 5102 of title 49, United States Code.