[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3983 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3983

 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.


_______________________________________________________________________


                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drone Safety and Efficiency Act''.

SEC. 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.
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