§ 2210. OPERATIONS ASSOCIATED WITH CRITICAL INFRASTRUCTURE.

539 words·~2 min read·/usc/title-49/section-2210

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In General .— Any application process established under [former] section 333 of the FAA Modernization and Reform Act of 2012 [ Pub. L. 112–95 ] ([former] 49 U.S.C. 40101 note) shall allow for a person to apply to the Administrator of the Federal Aviation Administration to operate an unmanned aircraft system, for purposes of conducting an activity described in subsection (b)— beyond the visual line of sight of the individual operating the unmanned aircraft system; and during the day or at night.

Activities Described .— The activities described in this subsection are— activities for which manned aircraft may be used to comply with Federal, State, or local laws, including— activities to ensure compliance with Federal or State regulatory, permit, or other requirements, including to conduct surveys associated with applications for permits for new pipeline or pipeline systems construction or maintenance or rehabilitation of existing pipelines or pipeline systems; and activities relating to ensuring compliance with— parts 192 and 195 of title 49, Code of Federal Regulations; and the requirements of any Federal, State, or local governmental or regulatory body, or industry best practice, pertaining to the construction, ownership, operation, maintenance, repair, or replacement of covered facilities; activities to inspect, repair, construct, maintain, or protect covered facilities, including for the purpose of responding to a pipeline, pipeline system, or electric energy infrastructure incident; and activities in response to or in preparation for a natural disaster, manmade disaster, severe weather event, or other incident beyond the control of the applicant that may cause material damage to a covered facility.

Definitions .— In this section, the following definitions apply: Covered facility .— The term ‘covered facility’ means— a pipeline or pipeline system; an electric energy generation, transmission, or distribution facility (including a renewable electric energy facility); an oil or gas production, refining, or processing facility; or any other critical infrastructure facility. Critical infrastructure .— The term ‘critical infrastructure’ has the meaning given that term in section 2339D of title 18 , United States Code.

Deadlines.— Certification to congress .— Not later than 90 days after the date of enactment of this Act [ July 15, 2016 ], the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a certification that a process has been established to facilitate applications for unmanned aircraft systems operations described in this section.

Failure to meet certification deadline .— If the Administrator cannot provide a certification under paragraph (1), the Administrator, not later than 180 days after the deadline specified in paragraph (1), shall update the process under [former] section 333 of the FAA Modernization and Reform Act of 2012 [ Pub. L. 112–95 ] ([former] 49 U.S.C. 40101 note) to facilitate applications for unmanned aircraft systems operations described in this section. Exemptions .— In addition to the operations described in this section, the Administrator may authorize, exempt, or otherwise allow other unmanned aircraft systems operations under [former] section 333 of the FAA Modernization and Reform Act of 2012 ([former] 49 U.S.C. 40101 note) that are conducted beyond the visual line of sight of the individual operating the unmanned aircraft system or during the day or at night.

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