Special Use Airspace consists of airspace of defined dimensions identified by an area on the surface of the earth wherein activities must be confined because of their nature, or wherein limitations are imposed upon aircraft operations that are not a part of those activities, or both. The vertical limits of special use airspace are measured by designated altitude floors and ceilings expressed as flight levels or as feet above MSL. Unless otherwise specified, the word “to” (an altitude or flight level) means “to and including” (that altitude or flight level). The horizontal limits of special use airspace are measured by boundaries described by geographic coordinates or other appropriate references that clearly define their perimeter. The period of time during which a designation of special use airspace is in effect is stated in the designation. All bearings and radials in this part are true from point of origin. Unless otherwise specified, all mileages in this part are stated as statute miles.

Restricted Areas: No person may operate an aircraft within a restricted area between the designated altitudes and during the time of designation, unless they have the advance permission of:

(a) The using agency described in § 73.15; or

(b) The controlling agency described in § 73.17.

These using agencies may be the agency, organization, or military command whose activity within a restricted area necessitated the area being so designated. Upon the request of the FAA, the using agency shall execute a letter establishing procedures for joint use of a restricted area by the using agency and the controlling agency, under which the using agency would notify the controlling agency whenever the controlling agency may grant permission for transit through the restricted area in accordance with the terms of the letter. The using agency shall:

(1) Schedule activities within the restricted area;

(2) Authorize transit through, or flight within, the restricted area as feasible; and

(3) Contain within the restricted area all activities conducted therein in accordance with the purpose for which it was designated.

For the purposes of this part, the controlling agency is the FAA facility that may authorize transit through or flight within a restricted area in accordance with a joint-use letter issued under § 73.15.

Prohibited Areas: No person may operate an aircraft within a prohibited area unless authorization has been granted by the using agency. For the purpose of this subpart, the using agency is the agency, organization or military command that established the requirements for the prohibited area.

Military Operations Areas: A Military Operations Area (MOA) is airspace established outside of Class A airspace to separate/segregate certain nonhazardous military activities from IFR traffic and to identify for VFR traffic where these activities are conducted. Activities. MOA’s are established to contain certain military activities such as air combat maneuvers, air intercepts, acrobatics, etc.

Alert Areas:  Airspace which may contain a high volume of pilot training activities or an unusual type of aerial activity, neither of which is hazardous to aircraft.

Warning Areas: A non regulatory warning area is airspace of defined dimensions designated over international waters that contains activity which may be hazardous to nonparticipating aircraft. The purpose of such warning areas is to warn nonparticipating pilots of the potential danger. Activities may be hazardous.

National Security Areas: A national security area (NSA) consists of airspace of defined vertical and lateral dimensions established at locations where there is a requirement for increased security of ground facilities. The purpose of such national security areas is to request pilot cooperation by voluntarily avoiding flight through the NSA. When circumstances dictate a need for a greater level of security, flight in an NSA may be temporarily prohibited by regulation under the provisions of 14 CFR Section 99.7, Special Security Instructions. Such prohibitions will be issued by FAA Headquarters and disseminated via the US NOTAM System.

AN ACT TO ENACT THE UNCREWED AIRCRAFT SYSTEMS’ RIGHTS AND AUTHORITIES ACT; TO DEFINE TERMS; TO PROVIDE THAT AN INDIVIDUAL, IN COMPLIANCE WITH FEDERAL LAW, MAY OPERATE AN UNCREWED AIRCRAFT SYSTEM FOR RECREATIONAL PURPOSES WITHIN THIS STATE; TO PROVIDE THAT AN INDIVIDUAL OR BUSINESS ENTITY, DOING BUSINESS LAWFULLY WITHIN THIS STATE AND IN COMPLIANCE WITH FEDERAL LAW, MAY OPERATE OR USE AN UNCREWED AIRCRAFT SYSTEM FOR COMMERCIAL PURPOSES WITHIN THIS STATE; TO PROVIDE THAT A PERSON MAY BE GUILTY OF AN OFFENSE COMMITTED WITH THE AID OF AN UNCREWED AIRCRAFT SYSTEM IF THE ACTIVITY PERFORMED WITH THE AID OF THE UNCREWED AIRCRAFT SYSTEM WOULD HAVE GIVEN RISE TO LIABILITY IF IT WAS PERFORMED DIRECTLY BY THE PERSON WITHOUT THE AID OF AN UNCREWED AIRCRAFT SYSTEM; TO PROVIDE FOR THE REGULATORY AUTHORITY OF THE STATE AND ITS POLITICAL SUBDIVISIONS; TO PROVIDE THAT NOTHING IN THE ACT SHALL PREEMPT FEDERAL LAW; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  This act shall be known and may be cited as the “Uncrewed Aircraft Systems’ Rights and Authorities Act.”

SECTION 2.  As used in this act, the following terms shall have the meanings herein ascribed unless the context clearly indicates otherwise:

          (a)  “Airspace” means the space above the land and waters of this state.

          (b)  “Uncrewed aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

          (c)  “Uncrewed aircraft system” means an uncrewed aircraft and associated elements, including communication links and the components that control the uncrewed aircraft, that are required for the pilot in command to operate safely and efficiently in the national airspace system.

SECTION 3.  (1)  An individual, in compliance with federal law, may operate an uncrewed aircraft system for recreational purposes within this state.

     (2)  An individual or business entity, doing business lawfully within this state and in compliance with federal law, may operate or use an uncrewed aircraft system for commercial purposes within this state.

     (3)  An owner of an uncrewed aircraft or uncrewed aircraft system shall not be required to register such aircraft or system beyond what may be required by federal law and regulations.

SECTION 4.  (1)  A person is liable for an act or guilty of an offense committed with the aid of an uncrewed aircraft system if the uncrewed aircraft system is under the person’s operation or control and the activity performed with the aid of the uncrewed aircraft system would have given rise to civil or criminal liability under the laws of this state, if it was performed directly by the person without the aid of an uncrewed aircraft system.

     (2)  An uncrewed aircraft can be the instrumentality by which a tort in violation of privacy rights may be committed under federal or state law.

SECTION 5.  Regulatory authority.  (1)  The state, through a duly adopted and enforceable agency-issued rule or regulation or other grant of authority, may:

          (a)  Provide for the operation of an uncrewed aircraft system by or on behalf of the state or that is owned by the state; and

          (b)  Provide for or prohibit:

               (i)  The launch of an uncrewed aircraft from property owned by the state;

               (ii)  The intentional landing of an uncrewed aircraft onto property owned by the state; or

               (iii)  The presence of a pilot actively in command of such uncrewed aircraft system on property owned by the state.

     (2)  (a)  Except as otherwise expressly provided in this section, a political subdivision may not enact or enforce an ordinance that relates to the:

               (i)  Ownership, operation, design, manufacture, testing, maintenance, licensing, registration, or certification of an uncrewed aircraft system, including, but not limited to, airspace, altitude, flight paths, or equipment requirements; or

               (ii)  Qualifications, training, or certification of a pilot, operator, or observer of an uncrewed aircraft system.

          (b)  This subsection does not limit the authority of a political subdivision to:

               (i)  Adopt an ordinance that enforces Federal Aviation Administration restrictions;

               (ii)  Adopt or enforce an ordinance that relates to the operation of an uncrewed aircraft system:

1.  By or on behalf of such political subdivision; or
2.  That is owned by such political subdivision;

               (iii)  Adopt or enforce generally applicable ordinances that relate to nuisances, voyeurism, harassment, reckless endangerment, property damage, or other illegal acts arising from the use of uncrewed aircraft systems, so long as such ordinances are not specifically related to the use of an uncrewed aircraft system for those illegal acts; or

               (iv)  Adopt or enforce an ordinance that regulates:

1.  The launch of an uncrewed aircraft from property owned by the political subdivision;
2.  The intentional landing of an uncrewed aircraft onto property owned by the political subdivision; or
3.  The presence of a pilot actively in command of such uncrewed aircraft system on property owned by the political subdivision.

     (3)  Nothing in this section shall be construed to prohibit:

          (a)  The take-off or landing of an uncrewed aircraft as deemed reasonable or necessary by private or public entities for emergency or maintenance support functions or services, including the protection and maintenance of public or private critical infrastructure, including broadband infrastructure;

          (b)  The landing of an uncrewed aircraft by an operator in compliance with Federal Aviation Administration regulations as deemed reasonable or necessary by the operator in the event of a technical malfunction of an uncrewed aircraft system;

          (c)  The take-off or landing of an uncrewed aircraft being operated by a sworn public safety officer in the performance of his duties; or

          (d)  The take-off or landing of an uncrewed aircraft owned or operated by the United States government, or any operator under contract with any agency of the United States government, in performance of his assigned duties.

SECTION 6.  Nothing in this act shall preempt the exclusive sovereignty of airspace of the United States as set forth in federal law.  Any interpretation or application of any provision of this act that contradicts the exclusive authority of the United States government to regulate the operation of uncrewed aircraft and uncrewed aircraft systems in the airspace of the United States shall be null.

SECTION 7.  This act shall take effect and be in force from and after July 1, 2023.