Drone Safety and Efficiency Act

Bill: 118-hr-3983
Sponsor: full_name: Rep. Molinaro, Marcus J. [R-NY-19]
Introduced: 2023-06-09
Policy area: Transportation and Public Works
Subjects: Administrative law and regulatory procedures

Aviation and airports

Department of Transportation

Transportation safety and security
Latest action: action_date: 2023-06-12
text: Referred to the Subcommittee on Aviation.

Summaries:
action_date: 2023-06-09
action_desc: Introduced in House
text: <p><strong>Drone Safety and Efficiency Act</strong></p><p>This bill directs the Federal Aviation Administration (FAA) to adopt a performance-based and risk-based approach in reviewing specific waiver requests for the operation of small unmanned aircraft systems (UAS), also known as drones. (A small unmanned aircraft weighs less than 55 pounds on takeoff.)</p><p>The FAA must improve the current established process to submit small UAS waiver requests. The bill prohibits the FAA from requiring the use of open-ended descriptive prompts that must be filled out by an applicant, with exceptions.</p><p>Further, the FAA must leverage data gathered from previous waiver requests. If the FAA determines that a waiver application is substantially similar to a previously approved application, the FAA may streamline approval of the waiver application; the new waiver application and the previously approved application must include substantially similar conditions and limitations. </p><p>In determining whether to issue a waiver certificate, the FAA must (1) consider whether the waiver applicant has control over access to all real property on the ground within the area of the UAS's operation, and (2) account for the safety enhancements of such access.</p><p>The FAA must also establish an expedited review process for a request to modify or renew a waiver.</p><p>The FAA must publish all issued waivers on the FAA website.&nbsp;</p><!--tinycomments|2.1|data:application/json;base64,eyJtY2UtY29udmVyc2F0aW9uXzYyNDI1MzU0MTMxNzMwNDY5MTQyMDkyIjp7InVpZCI6Im1jZS1jb252ZXJzYXRpb25fNjI0MjUzNTQxMzE3MzA0NjkxNDIwOTIiLCJjb21tZW50cyI6W3sidWlkIjoibWNlLWNvbnZlcnNhdGlvbl82MjQyNTM1NDEzMTczMDQ2OTE0MjA5MiIsImF1dGhvciI6ImNpc2VuYmVyZ0BsaWIubG9jLmdvdiIsImF1dGhvck5hbWUiOiJjaXNlbmJlcmdAbGliLmxvYy5nb3YiLCJjb250ZW50IjoiSSBtYWRlIGVkaXRzIGhlcmUgZm9yIHJlYWRhYmlsaXR5LiAiLCJjcmVhdGVkQXQiOiIyMDI0LTExLTAxVDEzOjUyOjIyLjA5MVoiLCJtb2RpZmllZEF0IjoiMjAyNC0xMS0wMVQxMzo1MjoyMi4wOTFaIn1dfSwibWNlLWNvbnZlcnNhdGlvbl80OTU4NDc2MjM0MTczMDQ2OTE4Njc5MiI6eyJ1aWQiOiJtY2UtY29udmVyc2F0aW9uXzQ5NTg0NzYyMzQxNzMwNDY5MTg2NzkyIiwiY29tbWVudHMiOlt7InVpZCI6Im1jZS1jb252ZXJzYXRpb25fNDk1ODQ3NjIzNDE3MzA0NjkxODY3OTIiLCJhdXRob3IiOiJjaXNlbmJlcmdAbGliLmxvYy5nb3YiLCJhdXRob3JOYW1lIjoiY2lzZW5iZXJnQGxpYi5sb2MuZ292IiwiY29udGVudCI6IkkgZXhwYW5kZWQgdGhpcyB0byBhZGQgYSBsaXR0bGUgbW9yZSBjb250ZXh0LiAiLCJjcmVhdGVkQXQiOiIyMDI0LTExLTAxVDEzOjUzOjA2Ljc5MloiLCJtb2RpZmllZEF0IjoiMjAyNC0xMS0wMVQxMzo1MzowNi43OTJaIn1dfX0=-->

tv_txt: I 118th CONGRESS 1st Session H. R. 3983 IN THE HOUSE OF REPRESENTATIVES June 9, 2023 Mr. Molinaro (for himself, Mr. Mann , Mr. Menendez , Mr. Gottheimer , Mr. Kean of New Jersey , and Mr. Williams of New York ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Administrator of the Federal Aviation Administration to adopt a performance- and risk-based approach in reviewing requests for certain certificates of waiver, and for other purposes.

1. Short title This Act may be cited as the Drone Safety and Efficiency Act . 2. 14 CFR part 107 waiver improvements (a) In general The Administrator of the Federal Aviation Administration shall adopt a performance- and risk-based approach in reviewing requests for certificates of waiver under section 107.200 of title 14, Code of Federal Regulations. (b) Standardization of waiver application (1) In general In carrying out subsection (a), the Administrator shall improve the the process established to submit requests for certificates of waiver described in subsection (a). (2) Format In carrying out paragraph (1), the Administrator may not require the use of open-ended descriptive prompts that are required to be filled out by an applicant, except to provide applicants the ability to provide the Administration with information for an unusual or irregular operation. (3) Data (A) In general In carrying out paragraph (1), the Administrator shall leverage data gathered from previous requests for certificates of waivers. (B) Considerations In carrying out subparagraph (A), the Administrator shall safely use— (i) big data analytics; and (ii) machine learning. (c) Consideration of property ownership interest (1) In general In determining whether to issue a certificate of waiver under section 107.200 of title 14, Code of Federal Regulations, the Administrator shall— (A) consider whether the waiver applicant has control over access to all real property on the ground within the area of operation; and (B) recognize and account for the safety enhancements of such controlled access. (2) Rule of construction Nothing in this subsection shall be construed to direct the Administrator to consider the lack of control over access to all real property on the ground within an area of operation, or a lack of property interest in such area of operation, as negatively affecting the safety of the operation intended to be conducted under such certificate of waiver. (d) Public availability of waivers (1) In general The Administrator shall publish all certificates of waiver issued under section 107.200 of title 14, Code of Federal Regulations, on the website of the Administration, including, with respect to each issued certificate of waiver— (A) the terms, conditions, and limitations; and (B) the class of airspace and any restrictions related to operating near airports or heliports. (2) Publication In carrying out paragraph (1), the Administrator shall ensure that published information is made available in a manner that prevents inappropriate disclosure of proprietary information. (e) Precedential use of previously approved waivers (1) Waiver approval precedent Except as provided in paragraph (3), if the Administrator determines, using criteria for a particular waiver, that an application for a certificate of waiver issued under section 107.200 of title 14, Code of Federal Regulations, is substantially similar (or is comprised of elements that are substantially similar) to an application for a certificate of waiver that the Administrator has previously approved, the Administrator may streamline, as appropriate, the approval of applications with substantially similar conditions and limitations as a previously approved application. (2) Rule of construction Nothing in paragraph (1) shall be construed to preclude an applicant for a certificate of waiver from applying to modify a condition, or remove a limitation of, such certificate. (f) Modification of waivers (1) In general The Administrator shall establish an expedited review process for a request to modify or renew certificates of waiver previously issued under section 107.200 of title 14, Code of Federal Regulations, as appropriate. (2) Use of review process The review process established under paragraph (1) shall be used to review certificates of waiver that cover operations that are substantially similar in all material facts to operations covered under a subsequently issued certificate of waiver.