; 130 Stat. 615) is amended by striking section 334(c) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note) and inserting section 44806 of title 49, United States Code . 347. Special authority for certain unmanned aircraft systems (a) In general Chapter 448 of title 49, United States Code, as added by this Act, is further amended by adding at the end the following: 44807. Special authority for certain unmanned aircraft systems (a) In general Notwithstanding any other requirement of this chapter, the Secretary of Transportation shall use a risk-based approach to determine if certain unmanned aircraft systems may operate safely in the national airspace system notwithstanding completion of the comprehensive plan and rulemaking required by section 44802 or the guidance required by section 44806. (b) Assessment of unmanned aircraft systems In making the determination under subsection (a), the Secretary shall determine, at a minimum— (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, operation over people, and operation within or beyond the visual line of sight, or operation during the day or night, do not create a hazard to users of the national airspace system or the public