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DOT/FAA

RIN: 2120-AL52

Publication ID: Fall 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 therefor 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: Regulatory
CFR Citation: 14 CFR 107 14 CFR 91
Legal Authority: 49 U.S.C. 40103 49 U.S.C. 44701 Pub L. 115-24 Stat 3308

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	06/00/2021

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: Earle Smith Department of Transportation Federal Aviation Administration 800 Independence Avenue SW, Washington, DC 20591 Phone:202 267-3790 Email: earle.smith@faa.gov