S. 1249 — Drone Integration and Zoning Act

This section designates the Act as the “Drone Integration and Zoning Act” and includes a table of contents.

This section defines 10 terms for purposes of the Act: (1) Administrator as the Administrator of the Federal Aviation Administration; (2) civil, with respect to an unmanned aircraft system, as not a public aircraft (as defined in 49 U.S.C. 40102); (3) commercial operator as a person who operates a civil unmanned aircraft system for commercial purposes; (4) immediate reaches of airspace as, with respect to civil unmanned aircraft system operations, any area within 200 feet above ground level; (5) Indian Tribe as defined in 25 U.S.C. 5304; (6) local government as the government of a subdivision of a State; (7) State as each of the 50 States, the District of Columbia, and the territories and possessions of the United States; (8) Tribal government as the governing body of an Indian Tribe; (9) unmanned aircraft and unmanned aircraft system as defined in 49 U.S.C. 44801; and (10) unmanned aircraft take-off and landing zone as a structure, area of land or water, or other designation for takeoff or landing of civil unmanned aircraft systems operated by commercial operators.

This section defines "immediate reaches of airspace," for civil unmanned aircraft systems (UAS), as the area within 200 feet above ground level (in 49 U.S.C. §44801) and excludes that area from "navigable airspace" (i.e., airspace subject to the Federal Aviation Administration's exclusive regulatory authority over aircraft navigation) when regulating civil UAS (in 49 U.S.C. §40102(32)). It directs the FAA Administrator to conduct a rulemaking, in consultation with state, local, and Tribal officials, to update the definition of navigable airspace; designate the area between 200 and 400 feet above ground level for civil UAS operations under FAA's exclusive authority and for use by both commercial or hobbyist operators and recreational flyers under FAA rules; and issue a final rule within one year of enactment. It specifies that the section does not prohibit FAA regulations for UAS above 400 feet above ground level or alter FAA's preemptive authority over manned aviation.

This section preserves state, local, and Tribal authority to impose reasonable restrictions on civil unmanned aircraft systems (UAS) operating below 200 feet above ground level (AGL)—including limits on speed, operations near schools or parks, time-based prohibitions, careless operations, and measures protecting public safety, privacy, property rights, or reducing noise—and directs the FAA Administrator, in issuing UAS regulations, to prohibit operations without property owner permission in the immediate reaches of airspace above private property or involving physical contact with structures exceeding 200 feet AGL. The section further restricts UAS operations near structures exceeding 200 feet AGL to no closer than 50 feet vertically from the top or 200 feet laterally (or inside the property line, whichever is closer), subject to exceptions for owner permission, public rights-of-way, or FAA-designated authorized commercial routes. Additionally, the section requires the FAA Administrator, not later than 18 months after enactment, to establish a process for designating authorized commercial UAS routes (which may not include areas within 200 feet AGL), including application review within 90 days, consultation with state, local, and Tribal governments, affected structure owners, and operators, and provision of detailed denial reasons with recommended fixes upon disapproval.

This section preserves the authority of State, local, and Tribal governments over the designation, placement, construction, or modification of unmanned aircraft take-off and landing zones, subject to the following conditions: (1) regulations may not unreasonably discriminate among commercial operators of unmanned aircraft systems (UAS) or prohibit (or have the effect of prohibiting) commercial UAS operations; (2) governments must act on complete applications within 60 days and, if denying an application, provide the commercial operator a written record detailing findings, substantial evidence, and recommendations within 30 days; (3) governments may charge fees for applications or right-of-way use if the fees are competitively neutral, technologically neutral, nondiscriminatory, and publicly disclosed; and (4) any person adversely affected by a government's final action or failure to act inconsistent with this section may seek expedited judicial review within 30 days. The section takes effect 180 days after issuance of the final rule under section 3(d).

This section prohibits State, local, or Tribal governments from adopting, maintaining, or enforcing any law, rule, or standard that unreasonably or substantially impedes (1) the ascent or descent of a commercial unmanned aircraft system (UAS) to or from navigable airspace (i.e., FAA-regulated airspace generally above 400 feet above ground level) in furtherance of commercial activity or (2) a civil UAS from reaching permitted navigable airspace. It defines unreasonable or substantial impediments to include a complete ban on UAS overflights or restrictions making such access nearly impossible and specifies that the prohibition does not affect regulation of UAS below 200 feet above ground level or emergency procedures for descending UAS.

This section amends FAA requirements under 49 U.S.C. 44808 for rulemaking to authorize commercial carriage of property by small unmanned aircraft systems (sUAS) by adding to subsection (b) four new provisions: (1) exempting such operations from air carrier cargo liability limits under 49 U.S.C. 41713; (2) exempting operators from federal rules if operating solely under state authorization for intrastate carriage of property for compensation or hire; (3) requiring minimal costs for such authorizations to protect market competition; and (4) requiring a streamlined application process with only minimal safety requirements that substantially outweigh compliance costs. The section further amends 49 U.S.C. 41713(b) to clarify that its baggage and cargo liability limits do not apply to civil UAS operations; excludes civil UAS operators from the definition of "air carrier" under 49 U.S.C. 40102; and prohibits federal preemption of, or requirement for federal authorization of, state-issued authorizations for intrastate commercial carriage of property by civil UAS operating within state airspace and lateral boundaries. (Thus, states may independently authorize and oversee intrastate drone delivery operations without federal economic or operational approvals.)

This section directs the Secretary of Transportation to establish, not later than 18 months after enactment, a process under which state, local, or tribal governments may apply (individually or collectively) for the FAA Administrator to designate an area as "complex airspace" (i.e., airspace at least 200 feet above ground level that includes one or more structures exceeding 200 feet above ground level). The Administrator must approve or disapprove complete applications within 90 days, denying them if the applicant lacks financial resources or technological capabilities to manage delegated responsibilities and providing detailed reasons and recommended fixes upon denial; if approved and requested, the Administrator must enter a written agreement assigning one or more FAA responsibilities for managing civil unmanned aircraft operations in the area. Under such agreements, the state, local, or tribal government assumes sole responsibility and liability, may terminate with 90 days' notice, and the Administrator may terminate for inadequate performance after written notice and at least 180 days to correct deficiencies.

This section amends the Federal Aviation Administration's (FAA) plan for full operational capability of unmanned aircraft systems traffic management (UTM)—a framework for safely integrating drone operations into low-altitude airspace—to increase involvement of State, local, and Tribal governments as follows: (1) permits testing of those governments' time, place, and manner restrictions in the immediate reaches of airspace (i.e., airspace of 400 feet or less above the surface, per 49 U.S.C. 44801); (2) requires the plan to include collaboration and coordination with those governments' management of unmanned aircraft systems in the immediate reaches of airspace, as well as processes for interoperability and data sharing among federal, state, local, Tribal, and private sector UTM services; (3) directs consultation with those governments in developing UTM concept of operations; and (4) requires coordination with those governments, in addition to federal agencies.

This section amends FAA processes for accepting risk-based consensus safety standards for small unmanned aircraft systems (sUAS, i.e., drones weighing less than 55 pounds) by— (1) adding a new requirement in subsection (a)(5) to ensure no state is prohibited from requiring additional equipage on an sUAS authorized solely to operate in the immediate reaches of airspace (i.e., airspace up to 400 feet above ground level) within that state's lateral boundaries; (2) in subsection (e), changing "may" to "shall" in the matter preceding paragraph (1) (thus, making a previously permissive action mandatory); and (3) adding subsection (i) to prohibit acceptance of such standards unless the FAA conducts a cost-benefit analysis certifying that benefits substantially outweigh costs to manufacturers and consumers and determines the standard is essential for safe sUAS operations in the unmanned traffic management (UTM) system.

This section establishes rules of construction clarifying that nothing in the Act (1) diminishes or expands the preemptive authority of the Federal Aviation Administration (FAA) over manned aviation or (2) affects civil or criminal jurisdiction between Indian tribes and state or local governments. It further specifies that these provisions do not limit the FAA Administrator's authority to pursue enforcement actions against operators of civil unmanned aircraft systems (UAS) that endanger the national airspace system.