,,ii #aadth ,,congress #ast ,session ,s4 #afjh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ah1 #bjae ,mrs4 ,feinstein 7for herself and ,mr4 ,schumer7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to protect the safety of the national airspace system from the hazardous operation of consumer drones1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,consumer ,drone ,safety ,act4 #b4 ,safety requirements for operation of consumer drones 7a7 ,rulemaking ,for the purpose of allowing consumer drones to be operated without posing a danger to manned aircraft1 the ,administrator shall publish a final rule not later than #ah months after the date of the enactment of this ,act containing safety requirements applicable to the operation of consumer drones4 7b7 ,applicability ,the final rule required by subsection 7a7 shall apply to consumer drones that-- 7#a7 are flown for hobby or recreational use2 and 7#b7 are not operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization4 7c7 ,requirements ,the final rule required by subsection 7a7 shall include-- 7#a7 a maximum altitude above ground level for flight of consumer drones2 7#b7 circumstances or areas where flights are restricted because of the risk of unsafe interactions with manned aircraft1 such as within an unsafe distance from an airport or in the flight path of a manned aircraft2 7#c7 circumstances or areas where flights are restricted because of the risk to persons or property on the ground1 such as within an unsafe distance from urban areas1 residential areas1 electrical infrastructure1 transportation infrastructure1 amusement parks1 or public areas where spectators are present2 7#d7 conditions that may require limitations on flight1 such as weather or time of day2 and 7#e7 any other requirement that the ,administrator determines is necessary to minimize the risk that a consumer drone will collide with a manned aircraft or otherwise endanger the safety of the national airspace system or persons and property on the ground4 #c4 ,safety requirements for manufacturers of consumer drones 7a7 ,rulemaking ,not later than #ah months after the date of the enactment of this ,act1 the ,administrator shall publish a final rule containing safety requirements applicable to consumer drones manufactured in1 imported into1 or sold in the ,united ,states4 7b7 ,requirements ,the final rule required by subsection 7a7 shall include-- 7#a7 limitations on altitude for consumer drones1 whether through software or other technological means2 7#b7 a means of preventing unauthorized operation within an unsafe distance from an airport or in protected airspace2 7#c7 a system that1 through sensors and software or other similar means1 enables avoidance of collisions2 7#d7 a technological means to maintain safety in the event that a communications link between a consumer drone and its operator is lost or compromised1 such as by ensuring that the drone autonomously lands safely in a particular location2 7#e7 a requirement that a consumer drone be detectable and identifiable to pilots and air traffic controllers1 including through the use of an identification number and a transponder or similar technology to convey the drone's location and altitude2 7#f7 a means to prevent tampering with or modification of any system1 limitation1 or other safety mechanism required by the ,administrator under this section or any other provision of law1 including a means to identify any tampering or modification that has been made2 7#g7 educational materials to be provided to a consumer who purchases a consumer drone2 and 7#h7 such other requirements as the ,administrator considers necessary to ensure the safety of the national airspace system4 7c7 ,updating existing consumer drones 7#a7 ,in general ,the final rule required by subsection 7a7 shall require modification1 at the manufacturer's expense1 of any consumer drone that was commercially distributed before the publication of the rule so that1 to the greatest extent practicable1 such consumer drones meet the requirements prescribed under the rule4 7#b7 ,requirements for consumer drones that cannot be fully updated ,if any consumer drone cannot be modified as described in paragraph 7#a71 the ,administrator may authorize the operation of the consumer drone in accordance with subsection 7d74 7#c7 ,notification ,the final rule required by subsection 7a7 shall include provisions to publicize and notify the owners of consumer drones of the modifications required by paragraph 7#a7 and of the manufacturer's responsibility to pay for the modifications4 7d7 ,limited exemptions permitted ,in the final rule required by subsection 7a71 the ,administrator may exempt a type of consumer drone1 by virtue of its size1 weight1 operational capabilities1 technological capabilities1 or other characteristic1 from a requirement under subsection 7b7 only if-- 7#a7 complying with that requirement is technologically infeasible or cost-prohibitive for the type of consumer drone2 7#b7 exempting the type of consumer drone from the requirement does not create a hazard to users of the national airspace system or the public or pose a threat to national security2 7#c7 the ,administrator establishes requirements for the safe operation of the consumer drone in the national airspace system2 and 7#d7 the ,administrator makes a determination under section #d7;b7 with respect to such exemption4 #d4 ,safety determination required to authorize operation of consumer drones 7a7 ,codification of existing ,federal ,aviation ,administration policy ,no person may operate a consumer drone in the national airspace system without specific authority from the ,federal ,aviation ,administration4 7b7 ,safety determination required before issuance of specific authority ,the ,administrator may not provide any form of specific authority for the operation of a consumer drone in the national airspace system without-- 7#a7 making a determination1 following an evaluation of all foreseeable safety or operational risks1 including risks arising from potential malfunctions1 that providing such authority does not endanger the safety of the national airspace system or any individual2 and 7#b7 documenting that determination and the reasons for that determination in writing4 7c7 ,rule of construction ,nothing in this section shall be construed to terminate any specific authority provided by the ,administrator4 #e4 ,clarifications of agency authority 7a7 ,clarification of enforcement authority 7#a7 ,civil penalties ,the ,administrator may impose a civil penalty under section #dfcja of title #di1 ,united ,states ,code1 for a violation of this ,act or a regulation prescribed or order or specific authority issued under this ,act in the same manner and to the same extent as the ,administrator may impose a penalty under such section #dfcja for a violation of chapter #ddg of such title 7other than a violation of sections #ddgai through #ddgbc of such chapter74 7#b7 ,rule of construction with respect to existing authority ,nothing in this subsection shall be construed to limit the authority of the ,administrator to pursue an enforcement action for a violation of this ,act1 a regulation prescribed or order or authority issued under this ,act1 or any other applicable provision of law or regulation4 7b7 ,sunset of prior specific authority ,beginning on the date that is #abj days after the date of the enactment of this ,act1 ,federal ,aviation ,administration ,advisory ,circular #ia-eg1 issued ,june #i1 #aiha1 shall not be construed to authorize the operation of any consumer drone for recreational or hobby purposes that does not comply with the standards specified in paragraphs 7#a7 through 7#e7 of section #ccf7;a7 of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74 7c7 ,import enforcement ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may use existing authority to enforce restrictions on the importation of consumer drones into the ,united ,states pursuant to the final rule required by section #c7;a74 7d7 ,rule of construction ,nothing in this ,act shall be construed to limit the authority of the ,administrator to regulate the operation of consumer drones or to pursue enforcement action against persons operating consumer drones who endanger the safety of the national airspace system4 #f4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,aviation ,administration4 7#b7 ,automatic stabilization system 7,a7 ,in general ,the term automatic stabilization system means any system that has the capability to maintain stable flight 7such as maintaining hover altitude1 heading1 or altitude control7 without an operator providing control input1 such as a system that coordinates the operation of any combination of-- 7i7 elements of the propulsion system of an aircraft1 including any rotor or propeller2 or 7ii7 the flight control surfaces of an aircraft1 including any aileron1 elevator1 rudder1 spoiler1 flap1 slat1 or air brake4 7,b7 ,inclusion ,any rotorcraft utilizing #d rotors and any aircraft that is capable of autonomous flight shall be considered to be using an automatic stabilization system4 7#c7 ,civil ,the term civil1 with respect to an unmanned aircraft system1 means that the unmanned aircraft is not a public aircraft 7as defined in section #djajb of title #di1 ,united ,states ,code74 7#d7 ,consumer drone 7,a7 ,in general ,the term consumer drone means a civil unmanned aircraft or a civil unmanned aircraft system that-- 7i7 is-- 7,i7 equipped with an automatic stabilization system2 or 7,,ii7 capable of providing a video signal allowing operation beyond the visual line of sight of the operator2 7ii7 is manufactured and intended for commercial distribution2 and 7iii7 weighs #ee pounds or less or is certified as described in section #ccf7;a77#c7 of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74 7,b7 ,inclusion ,the term consumer drone includes a kit of component parts that would be a consumer drone if the kit were assembled prior to commercial distribution4 7#e7 ,nationwide community-based organization ,the term nationwide community-based organization means a membership-based association that-- 7,a7 represents the aeromodeling community within the ,united ,states2 7,b7 provides its members a comprehensive set of safety guidelines that underscore safe aeromodeling operations within the national airspace system and the protection and safety of the general public on the ground2 7,c7 develops and maintains mutually supportive programming with educational institutions1 government entities1 and other aviation associations2 and 7,d7 acts as a liaison with government agencies and as an advocate for its members4 7#f7 ,protected airspace ,the term protected airspace includes the following types of airspace3 7,a7 ,special use airspace under part #gc of title #ad1 ,code of ,federal ,regulations 7or any corresponding similar regulation or ruling71 including prohibited airspace under subpart ,c of such part4 7,b7 ,any other airspace the ,administrator considers appropriate4 7#g7 ,specific authority ,the term specific authority means a certificate of authorization1 special airworthiness certificate1 authorization issued under section #ccc of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note71 rule1 regulation1 policy statement1 advisory circular1 or any other form of permit or authorization issued by the ,federal ,aviation ,administration for operation of a consumer drone in the national airspace system1 including-- 7,a7 ,federal ,aviation ,administrator ,advisory ,circular #ia-eg 7relating to model aircraft operating standards7 and subsequent versions thereof2 7,b7 the notice of policy on unmanned aircraft operations in the national airspace system of the ,federal ,aviation ,administration 7,docket ,no4 ,,faa-#bjjf-begad72 or 7,c7 the notice of interpretation of the special rule for model aircraft of the ,federal ,aviation ,administration 7,docket ,no4 ,,faa-#bjad-jcif74 7#h7 ,unmanned aircraft2 unmanned aircraft system ,the terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74 #g4 ,conforming amendment ,section #ccf7;a77#b7 of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note7 is amended by inserting 7as defined in section #f of the ,consumer ,drone ,safety ,act7 after nationwide community-based organization4