Federal Aviation Administration updates to navigable airspace

(a) Definition (1) Immediate reaches of airspace definition Section 44801 of title 49, United States Code, is amended by adding at the end the following new paragraph: (14) Immediate reaches of airspace The term immediate reaches of airspace means, with respect to the operation of a civil unmanned aircraft system, any area within 200 feet above ground level.. (2) Navigable airspace definition Paragraph (32) of section 40102 of title 49, United States Code, is amended by adding at the end the following new sentence: In applying such term to the regulation of civil unmanned aircraft systems, such term shall not include the area within the immediate reaches of airspace (as defined in section 44801).. (b) Rulemaking (1) In general The Administrator shall conduct a rulemaking proceeding to update the definition of navigable airspace. (2) Consultation In conducting the rulemaking proceeding under paragraph (1), the Administrator shall consult with appropriate State, local, or Tribal government officials. (c) Designation requirement In conducting the rulemaking proceeding under subsection (b), the Administrator shall designate the area between 200 feet and 400 feet above ground level— (1) for use of civil unmanned aircraft systems under the exclusive authority of the Administrator; and (2) for use by both commercial operators or hobbyists and recreational unmanned aircraft systems, under rules established by the Administrator. (d) Final rule Not later than 1 year after the date of enactment of this Act, the Administrator shall issue a final rule pursuant to the rulemaking conducted under subsection (b). (e) Rules of construction Nothing in this section may be construed to— (1) prohibit the Administrator from promulgating regulations related to the operation of unmanned aircraft systems at more than 400 feet above ground level; or (2) diminish or expand the preemptive effect of the authority of the Federal Aviation Administration with respect to manned aviation.