49 U.S.C. § 44811 — Beyond visual line of sight operations for unmanned aircraft systems

(a) Proposed rule. Within 4 months after the FAA Reauthorization Act of 2024 is enacted, the Administrator must issue a notice of proposed rulemaking establishing a performance-based regulatory path for unmanned aircraft^* systems, called “UAS” in this section, to operate beyond visual line of sight, called “BVLOS” in this section. (b) Requirements. The proposed rule required by subsection (a) must establish at least the following: (1) acceptable risk levels for BVLOS UAS operations, including the levels developed under section 931 of the FAA Reauthorization Act of 2024; (2) standards for remote pilots or UAS operators for BVLOS operations that take into account different levels of automated control and management of UAS flights; (3) an approval or acceptance process for UAS and associated elements, as the Administrator defines them. The process may use a special airworthiness certificate or a manufacturer’s declaration of compliance with a means of compliance accepted by the Federal Aviation Administration. The process (A) must not require type or production certification, but may allow its use; (B) must consider the airworthiness of any UAS that (i) is within a maximum gross weight or kinetic-energy limit determined by the Administrator, and (ii) operates within a maximum speed limit determined by the Administrator; (C) may require such systems to operate in the national airspace system at altitude limits determined by the Administrator; and (D) may require such systems to operate at stand-off distances from the radius of a structure or the structure’s immediate uppermost limit, as determined by the Administrator. (4) Operating rules for UAS approved or accepted as described in paragraph (3). (5) Protocols, if appropriate, for networked information exchange, such as network-based remote identification, in support of BVLOS operations. (6) The safety of manned aircraft operating in the national airspace system, while considering the maneuverability and technology limitations of certain aircraft, including hot-air balloons. (c) Final rule. Not later than 16 months after publishing the proposed rule under subsection (a), the Administrator must issue a final rule based on that proposed rule. (d) Savings clause. Nothing in this section requires the agency to change the scope of rulemaking efforts related to UAS BVLOS operations that were ongoing on the date the FAA Reauthorization Act of 2024 was enacted.