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DOT/FAA RIN: 2120-AL52 Publication ID: Spring 2020 
Title: +Prohibition Regarding Weapons 
Abstract:

This rulemaking would Implement the following requirement of the FAA Reauthorization Act of 2018: Section 363, Prohibition Regarding Weapons, provides as follows: (a) IN GENERAL. – Unless authorized by the Administrator, a person may not operate an unmanned aircraft or unmanned aircraft system that is equipped or armed with a dangerous weapon. (b) DANGEROUS WEAPON DEFINED. – In this section, the term "dangerous weapon" has the meaning given that term in section 930(g)(2) of title 18, United States Code. (c) PENALTY. – A person who violates this section is liable to the United States Government for a civil penalty of not more than $25,000 for each violation. This final rule would implement, without interpretation, the requirements of section 363, which now exists at 49 U.S.C. 44802 Note. The relevant provisions of the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), require agencies to provide general notice of proposed rules and invite comments from the public, except when "the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest." Given the prescriptive language of section 363, the FAA does not have the opportunity to make amendments to the prohibition. As a result, notice and the opportunity to comment are unnecessary for promulgating a rule based on section 363; the regulatory text will duplicate the statutory language of section 363.

 
Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Fully or Partially Exempt 
CFR Citation: 14 CFR 107    14 CFR 91   
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2020 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Edwin Miller
Department of Transportation
Federal Aviation Administration
General Aviation Division, Commercial Operations Branch, 55 M Street SE,
Washington, DC 20003
Phone:202 267-1191
Email: edwin.d.miller@faa.gov