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Code · BILL · 118th Congress · H.R. 3935 (Placed on Calendar Senate) — To amend title 49, United States Code, to reauthorize and improve the Federal Aviation Administration and other civil... · Sec. 605

Sec. 605. Special authority for unmanned aircraft systems

358 words·~2 min read·/bill/118/hr/3935/pcs/section-605

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Section 44807 of title 49, United States Code, is amended— in subsection (a)— by inserting or chapter 447 after this chapter ; by striking the Secretary of Transportation and inserting the Administrator of the Federal Aviation Administration ; and by striking if certain and inserting how ; in subsection (b)— by striking the Secretary and inserting the Administrator ; and in paragraph (1)— by striking which types of unmanned aircraft systems, if any, as a result of their size and inserting how the unmanned aircraft, as a result of such aircraft’s size ; and by striking do not create and inserting does not create ; in subsection
(c)to read as follows: For unmanned aircraft systems that the Administrator determines under this section may operate safely in the national airspace system, the Administrator shall establish risk-based requirements, or a process to accept risk-based proposed requirements, for the safe operation of such aircraft systems in the national airspace system, including operation related to testing and evaluation of proprietary systems. To the extent that a proposed operation will be conducted exclusively within the airspace of a Mode C Veil during the entirety of the operation, such operation shall be treated as satisfying the requirements of section 91.113(b) of title 14, Code of Federal Regulations, so long as the operation employs— ADS–B In-based detect and avoid capabilities; air traffic control communication and coordination; and aeronautical information management systems to notify other aircraft operators of such operations. Nothing in this subsection shall be construed to give an unmanned aircraft operating pursuant to this section the right of way over a manned aircraft. ; in subsection
(d)by striking 2023 and inserting 2033 ; and by adding at the end the following: In making determinations under this section, the Administrator may not consider unmanned aircraft systems to the extent that such systems may meet the requirements of established regulations applicable to the proposed operation of a system. The Administrator may exercise the authorities described in this section without requiring a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, to the extent consistent with aviation safety. .
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