Recreational Drone Empowerment Act
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The bill would let the Federal Aviation Administration authorize recreational drones to fly from fixed sites in additional Class E airspace, including areas above uncontrolled Class G airspace and Class E extensions to airport surface areas.
What this bill would do
What it would do
The bill would amend title 49 of the U.S. Code to expand where recreational drone operators may fly from a fixed site without needing to treat the area as off-limits. Currently, recreational drones may generally operate from fixed sites in Class B, C, or D airspace and in Class G (uncontrolled) airspace, but the FAA has interpreted the law to bar such operations in most Class E sectors except those tied to an airport. The bill would add Class E airspace located above Class G airspace, and Class E airspace designated as an extension to a Class B, C, D, or E surface area, to the areas where the FAA may authorize fixed-site recreational drone flights. It makes a narrow, targeted change to one subsection of the drone exception statute and does not otherwise alter drone registration, weight limits, or other FAA rules governing recreational or commercial unmanned aircraft operations.
Key provisions
- 1Would amend 49 U.S.C. § 44809(c)(2)(C) to let the FAA authorize fixed-site recreational drone operations in Class E airspace above Class G airspace.
- 2Would also allow FAA authorization for fixed-site recreational drone flights in Class E airspace designated as an extension to a Class B, C, D, or E surface area.
- 3Would revise the statutory heading to reflect that the exception now covers both uncontrolled and Class E airspace.
Who would be affected
Recreational drone hobbyists who fly from fixed sites, community-based drone organizations, and the Federal Aviation Administration, which administers airspace authorizations and would gain clearer authority to permit flights in the newly specified Class E airspace sectors.
Why it matters
Hobbyists who previously could not legally fly in certain Class E sectors near airport surface extensions or above Class G airspace would gain a clearer path to authorized operation, reducing regulatory ambiguity the FAA had created through its own interpretation of the existing statute.
What would change
Changes to existing law
Amends 49 U.S.C. § 44809(c)(2)(C) (Sec. 2)
Adds Class E airspace above Class G airspace and certain Class E surface-area extensions to the areas where FAA may authorize fixed-site recreational drone operations.
Agencies directed to act
Funding and costs
Congressional Budget Office estimate
CBO estimates H.R. 6460 would have no effect on direct spending, revenues, or the deficit, with any discretionary costs to the FAA totaling less than $500,000 over the 2026–2030 period.
H.R. 6460 would expand the areas where recreational drones are authorized to fly. CBO estimates zero effect on direct spending (mandatory outlays), revenues, or the deficit over both the 2026–2030 and 2026–2035 scoring windows. The bill could modestly increase the Federal Aviation Administration's costs to regulate and enforce drone use, but CBO estimates those discretionary costs — which are subject to future appropriations (annual congressional funding decisions) — would total less than $500,000 over 2026–2030. CBO found no intergovernmental or private-sector mandates in the bill, and statutory pay-as-you-go procedures do not apply.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
Official CRS summary
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This bill expands the areas in which recreational unmanned aircraft systems (i.e., drones) are authorized to fly.
The Federal Aviation Administration (FAA) has various classifications for airspace, including Class E airspace, which is controlled airspace that is comprised of multiple sectors (e.g., Classes E1 to E5). Class E airspace includes sectors that (1) generally begin where Class G airspace (i.e., uncontrolled airspace) ends, and (2) are associated with an airport surface area or a surface level extension to another class of airspace.
Under current law, recreational drones may generally operate in certain circumstances from a fixed site, including within Class B, C, or D airspace. They may also operate within Class G airspace (1) up to 400 feet above ground level, without prior FAA authorization; and (2) over 400 feet above ground level with prior FAA authorization.
The FAA has interpreted current law to allow recreational drone operations in Class E2 airspace designated for an airport and prohibit recreational drone operations in other Class E sectors.
The bill specifies that the FAA may authorize recreational drones to operate at fixed site locations in Class E airspace that is
- above Class G airspace; or
- designated as an extension to a Class B, C, D, or E surface area.
Legislative subjects
Administrative law and regulatory procedures; Aviation and airports; Licensing and registrations; Transportation and Public Works; Transportation safety and security
Committee report
H. Rept. 119-549