49 U.S.C. § 44807 — Special authority for certain unmanned aircraft systems

(a) In General. Regardless of any other requirement in this chapter or chapter 447, the Administrator must use a risk-based approach to decide how drones can fly safely in the national airspace, even before the comprehensive plan and rulemaking required by section 44802, or the guidance required by section 44806, are finished. (b) Assessment of Unmanned Aircraft Systems. In making that call, the Administrator must at least determine (1) whether a drone's size, weight, speed, capability, closeness to airports and populated areas, flight over people, flight within or beyond visual line of sight, or day/night operation keeps it from creating a hazard to other airspace users or the public; and (2) whether a certificate under section 44703 or 44704, or a certificate of waiver or authorization, is needed for such drones. (c) Requirements for Safe Operation. (1) The Administrator must set requirements, or a process for accepting proposed ones, for safe and efficient drone operations, including for testing proprietary systems. (2) Keeping safe and efficient airspace use in mind, the Administrator must issue approvals (A) enabling low-risk beyond-visual-line-of-sight operations — at least package delivery, extended visual-line-of-sight, or shielded flights within 100 feet of the ground or a structure — or (B) matching existing FAA exemptions or approvals that allow beyond-visual-line-of-sight flight using acoustics, ground radar, ADS-B, or other technology. (3) An operation flown entirely inside a Mode C Veil counts as satisfying 14 C.F.R. § 91.113(b) if it uses (A) ADS-B in-based detect-and-avoid capability, (B) air traffic control communication and coordination, (C) FAA-acceptable aeronautical information systems, like Notices to Air Missions, to warn other airspace users, or (D) any other risk mitigation the Administrator sets. (4) Nothing here (A) gives a drone flying under this section right-of-way over a manned aircraft, or (B) limits the Administrator's power to add safety-related requirements, conditions, or limits to operations under this section. (d) Sunset. This section's authority for the Secretary to decide if certain drones can fly safely ends on September 30, 2033. (e) Authority. The Administrator may use the powers in this section — including waiving parts of title 14, Code of Federal Regulations — without a rulemaking or the requirements of 14 C.F.R. part 11, as far as that's consistent with aviation safety.