Sec. 803. Beyond visual line of sight operations for unmanned aircraft systems
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Chapter 448 of title 49, United States Code, is amended by adding at the end the following: Not later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall issue a notice of proposed rulemaking establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial beyond visual line of sight (in this section referred to as BVLOS ) operations.
Subject to paragraph (2), in promulgating the rule under subsection (a), the Administrator shall implement the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee which were submitted to the Administrator on March 10, 2022. If the Administrator determines not to implement 1 or more of the recommendations described in paragraph (1), the Administrator shall provide to the appropriate committees of Congress a statement of explanation for such determination.
Not later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial BVLOS operations. The final rule described in paragraph
(1)shall, at a minimum, do the following: Establish an applicable risk assessment methodology for the authorization of BVLOS unmanned aircraft system operations that includes quantified measures of acceptability which sufficiently account for the total air and ground risks associated with such operations and the means for mitigating such risks, taking into account an aircraft's size, weight, speed, kinetic energy, operational capability, proximity to airports and populated areas, operation over people, and operation beyond the visual line of sight, or operation during the day or night, including consideration of unmanned aircraft using an approved or accepted detect and avoid system appropriate for the class and type of airspace in which the operation is being conducted. Establish remote pilot certification standards for remote pilots for BVLOS operations, taking into account varying levels of automated control and management of unmanned aircraft system flights. Establish an airworthiness process for small unmanned aircraft systems that requires a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which shall not require type or production certification or the issuance of a special airworthiness certificate. Establish a special airworthiness certificate to be issued upon a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which— shall not require type or production certification; shall, at least, govern airworthiness of any unmanned aircraft system that— is not— a small unmanned aircraft system; and appropriate for the process described in subparagraph (C), as determined by the Administrator; has a maximum gross weight of not more than 1,320 lbs; and has a maximum speed of 100 miles per hour; and may require unmanned aircraft systems subject to the certificate to operate in the national airspace system at altitudes below at least— 400 feet above ground level; or with respect to an unmanned aircraft system flown within a 400-foot radius of a structure, 400 feet above the structure's immediate uppermost limit. Amend the Code of Federal Regulations to establish generally applicable standards for the type certification of unmanned aircraft systems that the Administrator determines pose higher air or ground risks such that those unmanned aircraft systems are not appropriate for approvals under the processes described in subparagraph
(C)or (D). Establish operating rules for— the operation of the unmanned aircraft systems described in subparagraphs (C), (D), or (E); and certain unmanned aircraft systems to enable lower-risk BVLOS operations without airworthiness requirements in a manner consistent with the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee described in subsection (b)(1). Nothing in this section shall prohibit the use of the manufacturer declarations of compliance required under paragraph (2)(C) for other unmanned aircraft systems. . The analysis for chapter 448 of title 49, United States Code, is amended by inserting after the item relating to section 44810 the following: 44811. Beyond visual line of sight operations for unmanned aircraft systems. .