I emailed and asked. The FAA reply is this.
On 16-Jan-18 11:19 PM,
[email protected] wrote:
>
> Sir,
>
>
> If you are a foreign national and you are not eligible to register your sUAS in the United States there are two ways for you to operate. If you want to operate your UAS exclusively in accordance with the Special Rule for Model Aircraft, you may complete the process provided in the web-based registration portal for section 336 aircraft. The agency will consider the certificate that is issued to be a recognition of ownership rather than a certificate of U.S. aircraft registration. These conditions are consistent with and impose no greater burden than the requirements imposed on U.S. citizens conducting model aircraft operations in the U.S. There is no legal requirement to fly under 400ft for those operating under Section 336.
>
> Alternatively, if you want to operate your UAS for commercial purposes, you must register your UAS in the country in which you are eligible to register and obtain operating authority from the Department of Transportation.
> For more information and guidance regarding authorities for non-U.S. citizens, please contact the Department's Foreign Air Carrier Licensing Division.
> SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.
> (a) IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if—
> (a) The aircraft is flown strictly for hobby or recreational use;
> (b) The aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;
> (c) The aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;
> (d) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and (e) When flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation.
>
>
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> Thank you for contacting the FAA's Unmanned Aircraft Systems (UAS) Support Center.
>
>
>
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> Please follow up with any further inquiries at
[email protected]. Additional information is also available at
https://www.faa.gov/uas/.
>
> We appreciate your feedback. Please select: UAS Safety and Integration Division AUS-400.
>
> From:
> Sent: Sunday, January 7, 2018 1:07:23 PM
> To: 9-NATL-UAS-Help (FAA); JIM EDSTEIN
> Subject: Drone registration for tourists visiting the USA and max legal height.
>
> Hi there
>
> I see that new regulations will require registration of drones. If I
> visit the USA will I as a tourist need to register my drone. Also as a
> hobby flier is the law for max height 400 feet or is this still a guideline?
>
> Please see the attached reply to another enquirer but it the answer
> stating that it is not a legal requirement I would like to check.
>
> Regards
