Sec. 609. Beyond visual line of sight rulemaking
550 words·~3 min read·
/bill/118/hr/3935/rh/section-609A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 4 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a notice of proposed rulemaking establishing performance-based airworthiness criteria and risk-based operational regulations for unmanned aircraft systems operated beyond visual line of sight that are intended to operate primarily at or below 400 feet above ground level. In carrying out subsection (a), the Administrator shall— establish a means to accept proposed— airworthiness standards for unmanned aircraft; standards for associated elements of unmanned aircraft; and qualification standards for remote pilots operating unmanned aircraft beyond visual line of sight; enable the ability for unmanned aircraft to be operated for agricultural purposes; establish a process by which the Administrator may approve or accept third party compliance services in support of the safe integration of unmanned aircraft systems into the national airspace system; and establish protocols, as appropriate, for networked information exchange, including network-based remote identification in support of beyond visual line of sight operations.
In carrying out subsection (a), the Administrator may leverage previously gathered data, information, and efforts of the Administration to finalize rulemaking as required under this section. In carrying out subsection (b)(1)(A), the Administrator shall— define the operational environments for which airworthiness is needed to ensure aviation safety; establish an airworthiness category or categories for unmanned aircraft to be eligible for a special airworthiness certificate; and establish a process to approve standards, means of compliance, and declarations of compliance.
In carrying out subsection (b)(1)(B), the Administrator shall establish a process to accept or approve the associated elements of an unmanned aircraft that, when considered collectively with other associated elements and an unmanned aircraft, meet an acceptable performance-based safety standard. In establishing the process under paragraph (1), the Administrator shall consider the ways associated elements of an unmanned aircraft system interact with other associated elements and unmanned aircraft.
In carrying out subsection (b)(1)(C), the Administrator shall establish qualifications and standards, or a means to accept proposed qualifications and standards, for remote pilots operating unmanned aircraft systems. In carrying out paragraph (1), the Administrator shall account for the varying levels of automation of unmanned aircraft systems. Nothing in this subsection may be construed to allow for the establishment of type-ratings that apply specifically and exclusively to an aircraft manufactured by 1 manufacturer.
Before the date on which the Administrator issues a final rule under this section, the Administrator shall use the process described in section 44807 of title 49, United States Code, to authorize unmanned aircraft system operations conducted beyond visual line of sight. Not later than 16 months after the date of enactment of this Act, the Administrator shall issue a final rule establishing the regulations required under this section. In this section: The term associated elements means any component of an unmanned aircraft system, not permanently affixed to the unmanned aircraft, required for the remote pilot to operate such aircraft safely and efficiently in the national airspace system.
The term beyond visual line of sight means a distance at which the remote pilot in command of an unmanned aircraft system cannot see the unmanned aircraft with vision unaided by any device other than corrective lenses. The terms unmanned aircraft and unmanned aircraft system have the meaning given such terms in section 44801 of title 49, United States Code.