§44808 — Title 49 Transportation | U.S. Code

Summary

Within 1 year after the FAA Reauthorization Act of 2018 was enacted, the FAA must update its rules so small drones can carry goods for pay inside the United States. The rules must be based on how drones actually perform and match safety steps to different risk levels and to highly automated small drones. They must cover safe operation, including airworthiness, who may operate and what operations are allowed, and must consider state, local, and tribal concerns. The Secretary may change part 298 of title 14, Code of Federal Regulations to set the business permission, which may only require registration with the Department of Transportation, FAA authorization, and following chapters 401, 411, and 417. Until the new rules are finished, people may apply for an air carrier operating certificate and a certificate of public convenience and necessity, or ask for an exemption, using current processes.

Title 49, §44808

Transportation — Source: USLM XML via OLRC

(a)Not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator of the Federal Aviation Administration shall update existing regulations to authorize the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the United States.

(b)Any rulemaking conducted under subsection (a) shall provide for the following:

(1)Use performance-based requirements.

(2)Consider varying levels of risk to other aircraft and to persons and property on the ground posed by different unmanned aircraft systems and their operation and tailor performance-based requirements to appropriately mitigate risk.

(3)Consider the unique characteristics of highly automated, small unmanned aircraft systems.

(4)Include requirements for the safe operation of small unmanned aircraft systems that, at a minimum, address—

(A)airworthiness of small unmanned aircraft systems;

(B)qualifications for operators and the type and nature of the operations;

(C)operating specifications governing the type and nature of the unmanned aircraft system air carrier operations; and

(D)the views of State, local, and tribal officials related to potential impacts of the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the communities to be served.

(5)The Secretary may amend part 298 of title 14, Code of Federal Regulations, to update existing regulations to establish economic authority for the carriage of property by small unmanned aircraft systems for compensation or hire. Such authority shall only require—

(A)registration with the Department of Transportation;

(B)authorization from the Federal Aviation Administration to conduct operations; and

(C)compliance with chapters 401, 411, and 417.

(6)Pending completion of the rulemaking required in subsection (a) of this section, a person may seek an air carrier operating certificate and certificate of public convenience and necessity, or an exemption from such certificate, using existing processes.

Editorial Notes

References in Text

The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (a), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.

§44808 Carriage of Property by Small Unmanned Aircraft Systems for Compensation or Hire

Summary

Title 49, §44808

Notes & Related Subsidiaries

Editorial Notes

References in Text

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