; 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 44807 . 2128. Special rules for model aircraft (a) In general Chapter 448, as amended by section 2127 of this Act, is further amended by inserting after section 44807 the following: 44808. Special rules for model aircraft (a) In general Except as provided in subsection (d), and notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this chapter, the Administrator of the Federal Aviation Administration may not promulgate any new rule or regulation regarding an unmanned aircraft operating as a model aircraft or an unmanned aircraft being developed as a model aircraft if— (1) the aircraft is flown strictly for hobby or recreational use; (2) the aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization; (3) not flown beyond the visual line of sight of persons co-located with the operator or in direct communication with the operator; (4) the aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; (5) when flown within 5 miles of an airport, the operator of the aircraft provides the airport operator, where applicable, and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation (model aircraft operators flying from a permanent location within 5 miles of an airport should establish a mutually agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport)), unless the Administrator determines approval should be required