49 U.S.C. § 2207

EMERGENCY EXEMPTION PROCESS.

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“(a)In General.—Not later than 90 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation Administration shall publish guidance for applications for, and procedures for the processing of, on an emergency basis, exemptions or certificates of authorization or waiver for the use of unmanned aircraft systems by civil or public operators in response to a catastrophe, disaster, or other emergency to facilitate emergency response operations, such as firefighting, search and rescue, and utility and infrastructure restoration efforts. In processing such applications, the Administrator shall give priority to applications for public unmanned aircraft systems engaged in emergency response activities.“(b)Requirements.—In providing guidance under subsection (a), the Administrator shall—“(1) make explicit any safety requirements that must be met for the consideration of applications that include requests for beyond visual line of sight or nighttime operations, or the suspension of otherwise applicable operating restrictions, consistent with public interest and safety; and“(2) explicitly state the procedures for coordinating with an incident commander, if any, to ensure operations granted under procedures developed under subsection (a) do not interfere with other emergency response efforts.“(c)Review.—In processing applications on an emergency basis for exemptions or certificates of authorization or waiver for unmanned aircraft systems operations in response to a catastrophe, disaster, or other emergency, the Administrator shall act on such applications as expeditiously as practicable and without requiring public notice and comment.

Notes of Decisions

Cited in 1 case, 1987–1987 · leading case: The City & Cnty. of San Francisco v. Donald D. Engen, Adm'r of the Fed. Aviation Admin., 819 F.2d 873 (9th Cir. 1987).

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The City & Cnty. of San Francisco v. Donald D. Engen, Adm'r of the Fed. Aviation Admin., 819 F.2d 873 (9th Cir. 1987). “See 49 U.S.C.A. § 2207 (b) (Supp.1987). If such a refusal is reviewable at all, it is not reviewable by us under section 1486.”

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