Sec. 617. Carriage of hazardous materials
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Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall coordinate with the Administrator of the Pipeline and Hazardous Materials Safety Administration to revise processes in effect on the date of enactment of this Act for the carriage of hazardous materials by unmanned aircraft systems to provide that— special conditions, waivers, or other requirements necessary to enable the carriage of hazardous materials shall be incorporated into the existing regulatory and operator certification processes of the Federal Aviation Administration for unmanned aircraft operations in which the aircraft— weighs less than 100 pounds; and is capable of carrying less than 10 pounds gross weight of limited quantity cargo; and the existing special permitting process or other existing processes carried out by the Administrator of the Pipeline and Hazardous Materials Safety Administration shall be initiated as early as practicable, and in conjunction with the existing regulatory and operator certification processes of the Federal Aviation Administration, for unmanned aircraft operations in which the unmanned aircraft— weighs 100 pounds or more; or is capable of carrying 10 pounds or more gross weight of limited quantity cargo.
Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall revise requirements, guidance, standards, or other policy materials governing the carriage of hazardous materials to allow for the carriage of a de minimis amount of hazardous materials by an unmanned aircraft. In carrying out paragraph (1), the Administrator shall consider— whether a hazardous material is a consumer commodity; requirements for common carriage and private carriage; whether the transportation of a de minimis volume, weight, or amount of a hazardous material would pose an unreasonable risk to health and safety or property; whether the volume, weight, or amount of a hazardous material is large enough to permit the transportation of a commercially meaningful volume, weight, or amount; and the altitude at which unmanned aircraft operations are conducted.
The Secretary shall establish a process for a person to petition to establish or revise a de minimis amount or a hazardous material. The Secretary shall— periodically review, as necessary, de minimis amounts of hazardous materials established under paragraph (1); determine whether such amounts of Hazardous materials should be revised, based on operational and safety data or other factors; and assess whether to establish a de minimis amount for a hazardous material for which a de minimis volume, weight, or amount has previously not been established.
Nothing in this section shall be construed to— limit the authority of the Secretary, the Administrator of the Federal Aviation Administration, or the Administrator of the Pipeline and Hazardous Materials Safety Administration from implementing requirements under existing authorities to ensure the safe carriage of hazardous materials by aircraft; and confer upon the Administrator of the Federal Aviation Administration the authorities of the Administrator of the Pipeline and Hazardous Materials Safety Administration, as described in part 175 of title 49, Code of Federal Regulations, and chapter 51 of title 49, United States Code.
The authorities of the Administrator related to the transportation, packaging, marking, or description of hazardous materials in section 106(g)(1) of title 49, United States Code, shall not apply to the extent necessary to enact the requirements of this section. In the section: The term unmanned aircraft system has the meaning given the term in section 44801 of title 49, United States Code. The term consumer commodity has the meaning given such term in section 171.8 of title 49, Code of Federal Regulations.