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Code · BILL · 118th Congress · H.R. 3935 (Engrossed in House) — To amend title 49, United States Code, to reauthorize and improve the Federal Aviation Administration and other civil... · Sec. 615

Sec. 615. Acceptable levels of risk and risk assessment methodology

321 words·~1 min read·/bill/118/hr/3935/eh/section-615

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Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish acceptable levels of risk, and develop a risk assessment methodology associated with such levels of risk, to enable unmanned aircraft system operations conducted— under waivers issued to part 107 of title 14, Code of Federal Regulations; pursuant to section 44807 of title 49, United States Code; or pursuant to future regulations promulgated by the Administrator, as appropriate.
In carrying out subsection (a), the Administrator shall establish acceptable levels of risk for unmanned aircraft system operations in the national airspace system and a method for assessing the operational risk of a proposed operation in accordance with such acceptable level. In carrying out subsections
(a)and (b), the Administrator shall develop a risk assessment methodology to allow remote pilots in command operating unmanned aircraft systems pursuant to subsection
(a)to determine the risk associated with a specific operation, and mitigate such a risk, as necessary. In establishing the risk assessment methodology described under this section, the Administrator shall consider— the time of day of the operation; the population density of the area of operation; the class of airspace and such requirements necessary for airspace users to legally operate in each class of airspace; the proximity to infrastructure, to the extent that proximity mitigates risk to other operators of the national airspace system; the nature of the detect and avoid mitigation measures of an unmanned aircraft system; and the attributes and characteristics of the unmanned aircraft of the unmanned aircraft system, including the— size; visibility; maximum takeoff weight; maximum indicated airspeed; and payload. The Administrator shall make the risk assessment methodology established under this section available to the public on an appropriate website of the Administration. In this section, the terms unmanned aircraft and unmanned aircraft system have the meanings given such terms in section 44801 of title 49, United States Code.
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