FAA Bill Section 336

SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.

(a) IN GENERAL.—Notwithstanding any other provision of law

relating to the incorporation of unmanned aircraft systems into

Federal Aviation Administration plans and policies, including this

subtitle, the Administrator of the Federal Aviation Administration

may not promulgate any rule or regulation regarding a model

aircraft, or an aircraft being developed as a model aircraft, if—

(1) the aircraft is flown strictly for hobby or recreational

use;

(2) the aircraft is operated in accordance with a communitybased

set of safety guidelines and within the programming

of a nationwide community-based organization;

(3) the aircraft is limited to not more than 55 pounds

unless otherwise certified through a design, construction,

inspection, flight test, and operational safety program administered

by a community-based organization;

(4) the aircraft is operated in a manner that does not

interfere with and gives way to any manned aircraft; and

(5) when flown within 5 miles of an airport, the operator

of the aircraft provides the airport operator and the airport

air traffic control tower (when an air traffic facility is located

at the airport) with prior notice of the operation (model aircraft

operators flying from a permanent location within 5 miles of

an airport should establish a mutually-agreed upon operating

procedure with the airport operator and the airport air traffic

control tower (when an air traffic facility is located at the

airport)).

(b) STATUTORY CONSTRUCTION.—Nothing in this section shall

be construed to limit the authority of the Administrator to pursue

enforcement action against persons operating model aircraft who

endanger the safety of the national airspace system.

(c) MODEL AIRCRAFT DEFINED.—In this section, the term ‘‘model

aircraft’’ means an unmanned aircraft that is—

(1) capable of sustained flight in the atmosphere;

H. R. 658—68

(2) flown within visual line of sight of the person operating

the aircraft; and

(3) flown for hobby or recreational purposes.