; and (2) without an airworthiness certificate for the associated unmanned aircraft. (e) Scope of regulations (1) In general In determining whether a person may operate an unmanned aircraft system under 1 or more of the circumstances described under paragraphs (1) through (3) of subsection (b), the Administrator shall use a risk-based approach and consider, at a minimum, the physical and functional characteristics of the unmanned aircraft system. (2) Limitation The Administrator may only issue regulations under this section for unmanned aircraft systems that the Administrator determines may be operated safely in the national airspace system pursuant to those regulations. (f) Rules of construction Nothing in this section may be construed— (1) to prohibit a person from operating an unmanned aircraft system under a circumstance described under paragraphs (1) through (3) of subsection (b) if— (A) the circumstance is allowed by regulations issued under this section; and (B) the person operates the unmanned aircraft system in a manner prescribed by the regulations; or (2) to limit or affect in any way the Administrator’s authority to conduct a rulemaking, make a determination, or carry out any activity related to unmanned aircraft or unmanned aircraft systems under any other provision of law. . (b) Conforming amendments (1) Repeals (A) In general Sections 332(a), 332(b), 332(d), 333, 334, and 336 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note) are repealed. (B) Clerical amendment The items relating to sections 333, 334, and 336 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note) in the table of contents contained in section 1(b) of that Act are repealed. (2) Penalties Section 46301 of title 49, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (1)(A) by inserting chapter 455, after chapter 451, ; and (ii) in paragraph (5)(A)(i) by striking or chapter 451, and inserting chapter 451, chapter 455,