§ 44807. Special authority for certain unmanned aircraft systems

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(a)In General.— Notwithstanding any other requirement of this chapter or chapter 447, the Administrator of the Federal Aviation Administration shall use a risk-based approach to determine how unmanned aircraft systems may operate safely in the national airspace system notwithstanding completion of the comprehensive plan and rulemaking required by section 44802 or the guidance required by section 44806.

(b)Assessment of Unmanned Aircraft Systems.— In making the determination under subsection (a), the Administrator shall determine, at a minimum—

(1)how such unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, operation over people, and operation within or beyond the visual line of sight, or operation during the day or night, do not create a hazard to users of the national airspace system or the public; and

(2)whether a certificate under section 44703 or section 44704 of this title, or a certificate of waiver or certificate of authorization, is required for the operation of unmanned aircraft systems identified under paragraph

(1)of this subsection.

(c)Requirements for Safe Operation.—

(1)In general.— In carrying out this section, the Administrator shall establish requirements, or a process to accept proposed requirements, for the safe and efficient operation of unmanned aircraft systems in the national airspace system, including operations related to testing and evaluation of proprietary systems.

(2)Expedited exemptions and approvals.— The Administrator shall, taking into account the statutory mandate to ensure safe and efficient use of the national airspace system, issue approvals—

(A)to enable low-risk beyond visual line of sight operations, including, at a minimum, package delivery operations, extended visual line of sight operations, or shielded operations within 100 feet of the ground or a structure; or

(B)that are aligned with Administration exemptions or approvals that enable beyond visual line of sight operations with the use of acoustics, ground based radar, automatic dependent surveillance–broadcast, and other technological solutions.

(3)Treatment of mitigation measures.— To the extent that an operation under this section will be conducted exclusively within the airspace of a Mode C Veil, such operation shall be treated as satisfying the requirements of section 91.113(b) of title 14, Code of Federal Regulations, if the operation employs—

(A)automatic dependent surveillance–broadcast in-based detect and avoid capabilities;

(B)air traffic control communication and coordination;

(C)aeronautical information management systems acceptable to the Administrator, such as notices to air missions, to notify other airspace users of such operations; or

(D)any other risk mitigations as set by the Administrator.

(4)Rule of construction.— Nothing in this subsection shall be construed to—

(A)provide an unmanned aircraft operating pursuant to this section the right of way over a manned aircraft; or

(B)limit the authority of the Administrator to impose requirements, conditions, or limitations on operations conducted under this section in order to address safety concerns.

(d)Sunset.— The authority under this section for the Secretary to determine if certain unmanned aircraft systems may operate safely in the national airspace system terminates effective September 30, 2033.

(e)Authority.— The Administrator may exercise the authorities described in this section, including waiving applicable parts of title 14, Code of Federal Regulations, without initiating a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, to the extent consistent with aviation safety.

(Added Pub. L. 115–254, div. B, title III, § 347(a), Oct. 5, 2018, 132 Stat. 3296; amended Pub. L. 118–15, div. B, title II, § 2202(c), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, § 102(c), Dec. 26, 2023, 137 Stat. 1113; Pub. L. 118–41, title I, § 102(c), Mar. 8, 2024, 138 Stat. 21; Pub. L. 118–63, title IX, § 927(a), (b), May 16, 2024, 138 Stat. 1362.)

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