CHAPTER 448 —UNMANNED AIRCRAFT SYSTEMS
Editorial Notes
Amendments
2018—
1 So in original. Does not conform to section catchline.
§44801. Definitions
In this chapter, the following definitions apply:
(1)
(A) weighs 4.4 pounds or less, including payload but not including the tether;
(B) is physically attached to a ground station with a taut, appropriately load-rated tether that provides continuous power to the unmanned aircraft and is unlikely to be separated from the unmanned aircraft; and
(C) is controlled and retrieved by such ground station through physical manipulation of the tether.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(Added
Editorial Notes
References in Text
Section 332(c) of the FAA Modernization and Reform Act of 2012 (
Statutory Notes and Related Subsidiaries
Unmanned Aircraft Systems Privacy Policy
Strategy for Responding to Public Safety Threats and Enforcement Utility of Unmanned Aircraft Systems
"(a)
"(1) how to identify and respond to public safety threats posed by unmanned aircraft systems; and
"(2) how to identify and take advantage of opportunities to use unmanned aircraft systems to enhance the effectiveness of local law enforcement agencies and first responders.
"(b)
"(1) to respond to public safety threats posed by unmanned aircraft systems; and
"(2) to identify and take advantage of opportunities to use unmanned aircraft systems to enhance the effectiveness of local law enforcement agencies and public safety response efforts.
"(c)
Federal Trade Commission Authority
"(a)
"(b)
Commercial and Governmental Operators
"(a)
"(1) Any certificate of waiver or authorization issued by the Administration to Federal, State, tribal or local governments for the operation of unmanned aircraft systems within 30 days of issuance of such certificate of waiver or authorization.
"(2) A spreadsheet of UAS registrations, including the city, state [probably should be "State"], and zip code of each registered drone owner, on its website that is updated once per quarter each calendar year.
"(3) Summary descriptions and general purposes of public unmanned aircraft operations, including the locations where such unmanned aircraft may generally operate.
"(4) Summary descriptions of common civil unmanned aircraft operations.
"(5) The expiration date of any authorization of public or civil unmanned aircraft operations.
"(6) Links to websites of State agencies that enforce any applicable privacy laws.
"(7) For any unmanned aircraft system, except with respect to any operation protected by the First Amendment to the Constitution of the United States, that will collect personally identifiable information about individuals, including the use of facial recognition—
"(A) the circumstance under which the system will be used;
"(B) the specific kinds of personally identifiable information that the system will collect about individuals; and
"(C) how the information referred to in subparagraph (B), and the conclusions drawn from such information, will be used, disclosed, and otherwise handled, including—
"(i) how the collection or retention of such information that is unrelated to the specific use will be minimized;
"(ii) under what circumstances such information might be sold, leased, or otherwise provided to third parties;
"(iii) the period during which such information will be retained;
"(iv) when and how such information, including information no longer relevant to the specified use, will be destroyed; and
"(v) steps that will be used to protect against the unauthorized disclosure of any information or data, such as the use of encryption methods and other security features.
"(8) With respect to public unmanned aircraft systems—
"(A) the locations where the unmanned aircraft system will operate;
"(B) the time during which the unmanned aircraft system will operate;
"(C) the general purpose of the flight; and
"(D) the technical capabilities that the unmanned aircraft system possesses.
"(b)
"(1) is not applicable;
"(2) is not practicable, including when the information is not available to the Administrator;
"(3) is not in compliance with applicable law;
"(4) would compromise national defense, homeland security or law enforcement activity;
"(5) would be withheld pursuant to an exception of the [sic]
"(6) is otherwise contrary to the public interest.
"(c)
"(1) the date of publication of a Notice of Proposed Rulemaking or guidance regarding remote identification standards under section 2202 of the FAA Extension, Safety, and Security Act of 2016 (
"(2) September 30, 2023."
§44802. Integration of civil unmanned aircraft systems into national airspace system
(a)
(1)
(2)
(A) the rulemaking to be conducted under subsection (b), with specific recommendations on how the rulemaking will—
(i) define the acceptable standards for operation and certification of civil unmanned aircraft systems;
(ii) ensure that any civil unmanned aircraft system includes a sense-and-avoid capability; and
(iii) establish standards and requirements for the operator and pilot of a civil unmanned aircraft system, including standards and requirements for registration and licensing;
(B) the best methods to enhance the technologies and subsystems necessary to achieve the safe and routine operation of civil unmanned aircraft systems in the national airspace system;
(C) a phased-in approach to the integration of civil unmanned aircraft systems into the national airspace system;
(D) a timeline for the phased-in approach described under subparagraph (C);
(E) creation of a safe airspace designation for cooperative manned and unmanned flight operations in the national airspace system;
(F) establishment of a process to develop certification, flight standards, and air traffic requirements for civil unmanned aircraft systems at test ranges where such systems are subject to testing;
(G) the best methods to ensure the safe operation of civil unmanned aircraft systems and public unmanned aircraft systems simultaneously in the national airspace system; and
(H) incorporation of the plan into the annual NextGen Implementation Plan document (or any successor document) of the Federal Aviation Administration.
(3)
(4)
(5)
(A) cost estimates, planned schedules, and performance benchmarks, including specific tasks, milestones, and timelines, for unmanned aircraft systems integration into the national airspace system, including an identification of—
(i) the role of the unmanned aircraft systems test ranges established under subsection (c) and the Unmanned Aircraft Systems Center of Excellence;
(ii) performance objectives for unmanned aircraft systems that operate in the national airspace system; and
(iii) research and development priorities for tools that could assist air traffic controllers as unmanned aircraft systems are integrated into the national airspace system, as appropriate;
(B) a description of how the Administration plans to use research and development, including research and development conducted through NASA's Unmanned Aircraft Systems Traffic Management initiatives, to accommodate, integrate, and provide for the evolution of unmanned aircraft systems in the national airspace system;
(C) an assessment of critical performance abilities necessary to integrate unmanned aircraft systems into the national airspace system, and how these performance abilities can be demonstrated; and
(D) an update on the advancement of technologies needed to integrate unmanned aircraft systems into the national airspace system, including decisionmaking by adaptive systems, such as sense-and-avoid capabilities and cyber physical systems security.
(b)
(1) a final rule on small unmanned aircraft systems that will allow for civil operation of such systems in the national airspace system, to the extent the systems do not meet the requirements for expedited operational authorization under section 44807;
(2) a notice of proposed rulemaking to implement the recommendations of the plan required under subsection (a)(1), with the final rule to be published not later than 16 months after the date of publication of the notice; and
(3) an update to the Administration's most recent policy statement on unmanned aircraft systems, contained in Docket No. FAA–2006–25714.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 332(a) and (b) of
Statutory Notes and Related Subsidiaries
Drone Advisory Committee for the 21st Century
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Drone Advisory Committee for the 21st Century Act'.
"SEC. 2. SENSE OF CONGRESS.
"It is the Sense of Congress that:
"(1) Due to the ever-increasing use of Unmanned Aircraft Systems in the agriculture, forestry, and rangeland sectors, as well as the inherently different uses in less populated parts of the nation, membership of the Drone Advisory Committee established by the Federal Aviation Administration should, to the extent practicable, include direct representatives from county and tribal government, agriculture, forestry, and rangeland interests.
"(2) Full transparency in the work of the Drone Advisory Committee is vital to ensuring the public can effectively participate and contribute to the development of sound Federal policies. The Administrator of the Federal Aviation Administration should, to the maximum extent practicable, ensure the work of the Drone Advisory Committee is shared with and easily accessible to the public and shall ensure transparency and openness in the manner in which the affairs of the Committee are conducted.
"SEC. 3. DRONE ADVISORY COMMITTEE MEMBERSHIP.
"(1)
"(2)
Update of FAA Comprehensive Plan
"(a)
"(b)
"(1) the potential use of UTM and other technologies to ensure the safe and lawful operation of unmanned aircraft in the national airspace system;
"(2) the appropriate roles, responsibilities, and authorities of government agencies and the private sector in identifying and reporting unlawful or harmful operations and operators of unmanned aircraft;
"(3) the use of models, threat assessments, probabilities, and other methods to distinguish between lawful and unlawful operations of unmanned aircraft; and
"(4) appropriate systems, training, intergovernmental processes, protocols, and procedures to mitigate risks and hazards posed by unlawful or harmful operations of unmanned aircraft systems.
"(c)
"(d)
"(1) avoid duplication;
"(2) leverage capabilities learned across programs;
"(3) support the safe integration of UAS into the national airspace; and
"(4) systematically and timely implement or execute—
"(A) commercially-operated Low Altitude Authorization and Notification Capability;
"(B) the Unmanned Aircraft System Integration Pilot Program; and
"(C) the Unmanned Traffic Management Pilot Program."
Unmanned Aircraft Systems Integration Pilot Program
"(a)
"(b)
"(c)
"(1) accelerate the safe integration of UAS into the NAS by testing and validating new concepts of beyond visual line of sight operations in a controlled environment, focusing on detect and avoid technologies, command and control links, navigation, weather, and human factors;
"(2) address ongoing concerns regarding the potential security and safety risks associated with UAS operating in close proximity to human beings and critical infrastructure by ensuring that operators communicate more effectively with Federal, State, local, and Tribal law enforcement to enable law enforcement to determine if a UAS operation poses such a risk;
"(3) promote innovation in and development of the United States unmanned aviation industry, especially in sectors such as agriculture, emergency management, inspection, and transportation safety, in which there are significant public benefits to be gained from the deployment of UAS; and
"(4) identify the most effective models of balancing local and national interests in UAS integration.
"(d)
"(1) Identification of the airspace to be used, including shape files and altitudes.
"(2) Description of the types of planned operations.
"(3) Identification of stakeholder partners to test and evaluate planned operations.
"(4) Identification of available infrastructure to support planned operations.
"(5) Description of experience with UAS operations and regulations.
"(6) Description of existing UAS operator and any other stakeholder partnerships and experience.
"(7) Description of plans to address safety, security, competition, privacy concerns, and community outreach.
"(e)
"(1)
"(2)
"(3)
"(A) prohibiting flight during specified morning and evening rush hours or only permitting flight during specified hours such as daylight hours, sufficient to ensure reasonable airspace access;
"(B) establishing designated take-off and landing zones, limiting operations over moving locations or fixed site public road[s] and parks, sidewalks or private property based on zoning density, or other land use considerations;
"(C) requiring notice to public safety or zoning or land use authorities before operating; and
"(D) prohibiting operations in connection with community or sporting events that do not remain in one place (for example, parades and running events).
"(f)
"(1) Overall economic, geographic, and climatic diversity of the selected jurisdictions.
"(2) Overall diversity of the proposed models of government involvement.
"(3) Overall diversity of the UAS operations to be conducted.
"(4) The location of critical infrastructure.
"(5) The involvement of commercial entities in the proposal and their ability to advance objectives that may serve the public interest as a result of further integration of UAS into the NAS.
"(6) The involvement of affected communities in, and their support for, participating in the pilot program.
"(7) The commitment of the governments and UAS operators involved in the proposal to comply with requirements related to national defense, homeland security, and public safety and to address competition, privacy, and civil liberties concerns.
"(8) The commitment of the governments and UAS operators involved in the proposal to achieve the following policy objectives:
"(A) Promoting innovation and economic development.
"(B) Enhancing transportation safety.
"(C) Enhancing workplace safety.
"(D) Improving emergency response and search and rescue functions.
"(E) Using radio spectrum efficiently and competitively.
"(g)
"(1) identify and resolve technical challenges to UAS integration;
"(2) address airspace use to safely and efficiently integrate all aircraft;
"(3) inform operational standards and procedures to improve safety (for example, detect and avoid capabilities, navigation and altitude performance, and command and control link);
"(4) inform FAA standards that reduce the need for waivers (for example, for operations over human beings, night operations, and beyond visual line of sight); and
"(5) address competing interests regarding UAS operational expansion, safety, security, roles and responsibilities of non-Federal Government entities, and privacy issues.
"(h)
"(i)
"(j)
"(1) under the pilot program developed by the Secretary of Transportation pursuant to the Presidential memorandum titled 'Unmanned Aircraft Systems Integration Pilot Program', as published in the Federal Register on October 30, 2017 (82 Fed. Reg. 50301); and
"(2) prior to the date of enactment of this Act [Oct. 5, 2018].
"(k)
"(1) The term 'Lead Applicant' means an eligible State, local or Tribal government that has submitted a timely application.
"(2) The term 'NAS' means the low-altitude national airspace system.
"(3) The term 'UAS' means unmanned aircraft system."
Part 107 Transparency and Technology Improvements
"(a)
"(b)
"(1) to provide real time confirmation that an application filed online has been received by the Administration; and
"(2) to provide an applicant with an opportunity to review the status of the applicant's application."
Emergency Exemption Process
"(a)
"(1) is an increasingly important tool in response to a catastrophe, disaster, or other emergency;
"(2) helps facilitate emergency response operations, such as firefighting and search and rescue; and
"(3) helps facilitate post-catastrophic response operations, such as utility and infrastructure restoration efforts and the safe and prompt processing, adjustment, and payment of insurance claims.
"(b)
"(c)
Treatment of Unmanned Aircraft Operating Underground
Prohibition Regarding Weapons
"(a)
"(b)
"(c)
Plan for Full Operational Capability of Unmanned Aircraft Systems Traffic Management
"(a)
"(b)
"(1) In cooperation with the National Aeronautics and Space Administration and manned and unmanned aircraft industry stakeholders, allow testing of unmanned aircraft operations, of increasing volumes and density, in airspace above test ranges, as such term is defined in
"(2) Permit the testing of various remote identification and tracking technologies evaluated by the Unmanned Aircraft Systems Identification and Tracking Aviation Rulemaking Committee.
"(3) Where the particular operational environment permits, permit blanket waiver authority to allow any unmanned aircraft approved by a UTM system pilot program selectee to be operated under conditions currently requiring a case-by-case waiver under part 107, title 14, Code of Federal Regulations, provided that any blanket waiver addresses risks to airborne objects as well as persons and property on the ground.
"(c)
"(1) include the development of safety standards to permit, authorize, or allow the use of UTM services, which may include the demonstration and validation of such services at the test ranges, as defined in
"(2) outline the roles and responsibilities of industry and government in establishing UTM services that allow applicants to conduct commercial and noncommercial operations, recognizing the primary private sector role in the development and implementation of the Low Altitude Authorization and Notification Capability and future expanded UTM services;
"(3) include an assessment of various components required for necessary risk reduction and mitigation in relation to the use of UTM services, including—
"(A) remote identification of both cooperative and non-cooperative unmanned aircraft systems in the national airspace system;
"(B) deconfliction of cooperative unmanned aircraft systems in the national airspace system by such services;
"(C) the manner in which the Federal Aviation Administration will conduct oversight of UTM systems, including interfaces between UTM service providers and air traffic control;
"(D) the need for additional technologies to detect cooperative and non-cooperative aircraft;
"(E) collaboration and coordination with air traffic control, or management services and technologies to ensure the safety oversight of manned and unmanned aircraft, including—
"(i) the Federal Aviation Administration responsibilities to collect and disseminate relevant data to UTM service providers; and
"(ii) data exchange protocols to share UAS operator intent, operational approvals, operational restraints, and other data necessary to ensure safety or security of the National Airspace System;
"(F) the potential for UTM services to manage unmanned aircraft systems carrying either cargo, payload, or passengers, weighing more than 55 pounds, and operating at altitudes higher than 400 feet above ground level; and
"(G) cybersecurity protections, data integrity, and national and homeland security benefits; and
"(4) establish a process for—
"(A) accepting applications for operation of UTM services in the national airspace system;
"(B) setting the standards for independent private sector validation and verification that the standards for UTM services established pursuant to paragraph (1) enabling operations beyond visual line of sight, have been met by applicants; and
"(C) notifying the applicant, not later than 120 days after the Administrator receives a complete application, with a written approval, disapproval, or request to modify the application.
"(d)
"(1) shall require that UTM services help ensure the safety of unmanned aircraft and other aircraft operations that occur primarily or exclusively in airspace 400 feet above ground level and below, including operations conducted under a waiver issued pursuant to subpart D of part 107 of title 14, Code of Federal Regulations;
"(2) shall consider, as appropriate—
"(A) protection of persons and property on the ground;
"(B) remote identification and tracking of aircraft;
"(C) collision avoidance with respect to obstacles and non-cooperative aircraft;
"(D) deconfliction of cooperative aircraft and integration of other relevant airspace considerations;
"(E) right of way rules, inclusive of UAS operations;
"(F) safe and reliable coordination between air traffic control and other systems operated in the national airspace system;
"(G) detection of non-cooperative aircraft;
"(H) geographic and local factors including but not limited to terrain, buildings and structures;
"(I) aircraft equipage; and
"(J) qualifications, if any, necessary to operate UTM services; and
"(3) may establish temporary flight restrictions or other means available such as a certificate of waiver or authorization (COA) for demonstration and validation of UTM services.
"(e)
"(f)
"(1) airspace away from congested areas; or
"(2) other airspace above areas in which operations of unmanned aircraft pose low risk, as determined by the Administrator.
"(g)
"(h)
"(1) the National Aeronautics and Space Administration in partnership with industry stakeholders;
"(2) the UTM System pilot program required by section 2208 of the FAA Extension, Safety, and Security Act of 2016 [
"(3) the participants in the pilot program required in the October 25, 2017, Presidential Memorandum entitled, 'Unmanned Aircraft Systems Integration Pilot Program' and described in 82 Federal Register 50301.
"(i)
"(1) complete the plan required by subsection (a);
"(2) submit the plan to—
"(A) the Committee on Commerce, Science, and Transportation of the Senate; and
"(B) the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives; and
"(3) publish the plan on a publicly accessible Internet website of the Federal Aviation Administration."
Early Implementation of Certain UTM Services
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
Transition Language
"(a)
"(b)
"(1) Section 332 of the FAA Modernization and Reform Act of 2012 [
"(2) Section 333 of the FAA Modernization and Reform Act of 2012 (
"(3) Section 334 of the FAA Modernization and Reform Act of 2012 (
"(4) Section 2206 of the FAA Extension, Safety, and Security Act of 2016 (
"(c)
Unmanned Aircraft Systems Research and Development Roadmap
Collaboration Between Federal Aviation Administration and Department of Defense on Unmanned Aircraft Systems
"(a)
"(1)
"(2)
"(A) Sharing information on safely integrating unmanned aircraft systems and manned aircraft in the national airspace system.
"(B) The development of civil standards, policies, and procedures for the Federal Aviation Administration for integrating unmanned aircraft systems in the national airspace system by leveraging the historical and current testing, training, and operational experiences of the Department of Defense, particularly the Air Force, of unmanned flight operations[.]
"(C) Informing stakeholders about—
"(i) the development of airborne and ground-based sense-and-avoid capabilities for unmanned aircraft systems; and
"(ii) research and development on unmanned aircraft systems, especially with respect to matters involving human factors, information assurance, and security.
"(b)
"(1)
"(2)
"(c)
"(d)
UAS Safety
"SEC. 2201. DEFINITIONS.
"(a)
"(b)
"SEC. 2202. IDENTIFICATION STANDARDS.
"(a)
"(b)
"(1) requirements for remote identification of unmanned aircraft systems;
"(2) appropriate requirements for different classifications of unmanned aircraft systems operations, including public and civil; and
"(3) the feasibility of the development and operation of a publicly accessible online database of unmanned aircraft and the operators thereof, and any criteria for exclusion from the database.
"(c)
"(d)
"SEC. 2203. SAFETY STATEMENTS.
"(a)
"(b)
"(1)
"(2)
"(A) information about, and sources of, laws and regulations applicable to small unmanned aircraft;
"(B) recommendations for using small unmanned aircraft in a manner that promotes the safety of persons and property;
"(C) the date that the safety statement was created or last modified; and
"(D) language approved by the Administrator regarding the following:
"(i) A person may operate the small unmanned aircraft as a model aircraft (as defined in [former] section 336 of the FAA Modernization and Reform Act of 2012 [
"(ii) The definition of a model aircraft under [former] section 336 of the FAA Modernization and Reform Act of 2012 ([former] 49 U.S.C. 40101 note).
"(iii) The requirements regarding the operation of a model aircraft under [former] section 336 of the FAA Modernization and Reform Act of 2012 ([former] 49 U.S.C. 40101 note).
"(iv) The Administrator may pursue enforcement action against a person operating model aircraft who endangers the safety of the national airspace system.
"(c)
"SEC. 2204. FACILITATING INTERAGENCY COOPERATION FOR UNMANNED AIRCRAFT AUTHORIZATION IN SUPPORT OF FIREFIGHTING OPERATIONS AND UTILITY RESTORATION.
"(a)
"(b)
"(c)
"SEC. 2205. INTERFERENCE WITH WILDFIRE SUPPRESSION, LAW ENFORCEMENT, OR EMERGENCY RESPONSE EFFORT BY OPERATION OF UNMANNED AIRCRAFT.
"(a)
"(b)
"(c)
"[SEC. 2206. Repealed. Pub. L. 115–254, div. B, title III, §383(b)(2), Oct. 5, 2018, 132 Stat. 3322 .]
"SEC. 2207. EMERGENCY EXEMPTION PROCESS.
"(a)
"(b)
"(1) make explicit any safety requirements that must be met for the consideration of applications that include requests for beyond visual line of sight or nighttime operations, or the suspension of otherwise applicable operating restrictions, consistent with public interest and safety; and
"(2) explicitly state the procedures for coordinating with an incident commander, if any, to ensure operations granted under procedures developed under subsection (a) do not interfere with other emergency response efforts.
"(c)
"SEC. 2208. UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT.
"(a)
"(1)
"(2)
"(A) identify research outcomes sought; and
"(B) ensure the plan is consistent with existing regulatory and operational frameworks, and considers potential future regulatory and operational frameworks, for unmanned aircraft systems in the national airspace system.
"(3)
"(4)
"(A) initiate development of the research plan not later than 60 days after the date of enactment of this Act [July 15, 2016]; and
"(B) not later than 180 days after the date of enactment of this Act—
"(i) complete the research plan;
"(ii) submit the research plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives; and
"(iii) publish the research plan on the Internet Web site of the Federal Aviation Administration.
"(b)
"(1)
"(2)
"(c)
"SEC. 2209. APPLICATIONS FOR DESIGNATION.
"(a)
"(b)
"(1)
"(A)
"(B)
"(C)
"(i) Critical infrastructure, such as energy production, transmission, distribution facilities and equipment, and railroad facilities.
"(ii) Oil refineries and chemical facilities.
"(iii) Amusement parks.
"(iv) Other locations that warrant such restrictions.
"(2)
"(A)
"(B)
"(i) the boundaries for unmanned aircraft operation near the fixed site facility; and
"(ii) such other limitations that the Administrator determines may be appropriate.
"(C)
"(i) aviation safety;
"(ii) protection of persons and property on the ground;
"(iii) national security; or
"(iv) homeland security.
"(D)
"(c)
"(d)
"(e)
"(1) Not later than March 31, 2019, the Administrator shall publish a notice of proposed rulemaking to carry out the requirements of this section.
"(2) Not later than 12 months after publishing the notice of proposed rulemaking under paragraph (1), the Administrator shall issue a final rule.
"SEC. 2210. OPERATIONS ASSOCIATED WITH CRITICAL INFRASTRUCTURE.
"(a)
"(1) beyond the visual line of sight of the individual operating the unmanned aircraft system; and
"(2) during the day or at night.
"(b)
"(1) activities for which manned aircraft may be used to comply with Federal, State, or local laws, including—
"(A) activities to ensure compliance with Federal or State regulatory, permit, or other requirements, including to conduct surveys associated with applications for permits for new pipeline or pipeline systems construction or maintenance or rehabilitation of existing pipelines or pipeline systems; and
"(B) activities relating to ensuring compliance with—
"(i) parts 192 and 195 of title 49, Code of Federal Regulations; and
"(ii) the requirements of any Federal, State, or local governmental or regulatory body, or industry best practice, pertaining to the construction, ownership, operation, maintenance, repair, or replacement of covered facilities;
"(2) activities to inspect, repair, construct, maintain, or protect covered facilities, including for the purpose of responding to a pipeline, pipeline system, or electric energy infrastructure incident; and
"(3) activities in response to or in preparation for a natural disaster, manmade disaster, severe weather event, or other incident beyond the control of the applicant that may cause material damage to a covered facility.
"(c)
"(1)
"(A) a pipeline or pipeline system;
"(B) an electric energy generation, transmission, or distribution facility (including a renewable electric energy facility);
"(C) an oil or gas production, refining, or processing facility; or
"(D) any other critical infrastructure facility.
"(2)
"(d)
"(1)
"(2)
"(e)
"SEC. 2211. UNMANNED AIRCRAFT SYSTEMS RESEARCH AND DEVELOPMENT ROADMAP.
[Amended section 332 of
"SEC. 2212. UNMANNED AIRCRAFT SYSTEMS-MANNED AIRCRAFT COLLISION RESEARCH.
"(a)
"(1) collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and jet aircraft of various sizes, traveling at various speeds;
"(2) collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and propeller-driven aircraft of various sizes, traveling at various speeds;
"(3) collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and rotorcraft of various sizes, traveling at various speeds; and
"(4) collisions between unmanned aircraft systems and various parts of the aforementioned aircraft, including—
"(A) windshields;
"(B) noses;
"(C) engines;
"(D) radomes;
"(E) propellers; and
"(F) wings.
"(b)
"SEC. 2213. PROBABILISTIC METRICS RESEARCH AND DEVELOPMENT STUDY.
"(a)
"(b)
Unmanned Aircraft Joint Training and Usage Plan
"(1)
"(2)
Interagency Collaboration
"(b)
"(1)
"(2)
"(3)
"(4)
"(A)
"(i) progress in accomplishing the goals of the unmanned aircraft systems research, development, and demonstration as related to the Department of Defense Final Report to Congress on Access to National Airspace for Unmanned Aircraft Systems of October 2010, and any ongoing and collaborative research and development programs with the Federal Aviation Administration and the National Aeronautics and Space Administration;
"(ii) estimates of long-term funding needs and details of funds expended and allocated in the budget requests of the President that support integration into the National Airspace; and
"(iii) progress in sharing with the Federal Aviation Administration safety operational and performance data as it relates to unmanned aircraft system operation and the impact on the National Airspace System.
"(B)
"(c)
Unmanned Aircraft Systems
"SEC. 331. DEFINITIONS.
"In this subtitle, the following definitions apply:
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(A)
"(B)
"(8)
"(9)
"[SEC. 332. Repealed. Pub. L. 115–254, div. B, title III, §341(b)(2), Oct. 5, 2018, 132 Stat. 3287 .]
"[SEC. 333. Repealed. Pub. L. 115–254, div. B, title III, §347(b)(2), Oct. 5, 2018, 132 Stat. 3296 .]
"[SEC. 334. Repealed. Pub. L. 115–254, div. B, title III, §346(b)(2), Oct. 5, 2018, 132 Stat. 3295 .]
"SEC. 335. SAFETY STUDIES.
"The Administrator of the Federal Aviation Administration shall carry out all safety studies necessary to support the integration of unmanned aircraft systems into the national airspace system.
"[SEC. 336. Repealed. Pub. L. 115–254, div. B, title III, §349(b)(2), Oct. 5, 2018, 132 Stat. 3300 .]"
Unmanned Aerial Systems and National Airspace
"(a)
"(b)
"(1) safely designate nonexclusionary airspace for integrated manned and unmanned flight operations in the national airspace system;
"(2) develop certification standards and air traffic requirements for unmanned flight operations at test ranges;
"(3) coordinate with and leverage the resources of the Department of Defense and the National Aeronautics and Space Administration;
"(4) address both civil and public unmanned aircraft systems;
"(5) ensure that the program is coordinated with the Next Generation Air Transportation System; and
"(6) provide for verification of the safety of unmanned aircraft systems and related navigation procedures before integration into the national airspace system.
"(c)
"(1) take into consideration geographic and climatic diversity;
"(2) take into consideration the location of ground infrastructure and research needs; and
"(3) consult with the Department of Defense and the National Aeronautics and Space Administration.
"(d)
"(e)
"(f)
"(g)
"(1) The term 'appropriate congressional committees' means—
"(A) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Science, Space, and Technology of the House of Representatives; and
"(B) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.
"(2) The term 'test range' means a defined geographic area where research and development are conducted."
Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems
Memorandum of President of the United States, Feb. 15, 2015, 80 F.R. 9355, provided:
Memorandum for the Heads of Executive Departments and Agencies
Unmanned Aircraft Systems (UAS) technology continues to improve rapidly, and increasingly UAS are able to perform a variety of missions with greater operational flexibility and at a lower cost than comparable manned aircraft. A wide spectrum of domestic users—including industry, private citizens, and Federal, State, local, tribal, and territorial governments—are using or expect to use these systems, which may play a transformative role in fields as diverse as urban infrastructure management, farming, public safety, coastal security, military training, search and rescue, and disaster response.
The Congress recognized the potential wide-ranging benefits of UAS operations within the United States in the FAA Modernization and Reform Act of 2012 (
As UAS are integrated into the NAS, the Federal Government will take steps to ensure that the integration takes into account not only our economic competitiveness and public safety, but also the privacy, civil rights, and civil liberties concerns these systems may raise.
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish transparent principles that govern the Federal Government's use of UAS in the NAS, and to promote the responsible use of this technology in the private and commercial sectors, it is hereby ordered as follows:
(a) Privacy Protections. Particularly in light of the diverse potential uses of UAS in the NAS, expected advancements in UAS technologies, and the anticipated increase in UAS use in the future, the Federal Government shall take steps to ensure that privacy protections and policies relative to UAS continue to keep pace with these developments. Accordingly, agencies shall, prior to deployment of new UAS technology and at least every 3 years, examine their existing UAS policies and procedures relating to the collection, use, retention, and dissemination of information obtained by UAS, to ensure that privacy, civil rights, and civil liberties are protected. Agencies shall update their policies and procedures, or issue new policies and procedures, as necessary. In addition to requiring compliance with the Privacy Act in applicable circumstances, agencies that collect information through UAS in the NAS shall ensure that their policies and procedures with respect to such information incorporate the following requirements:
(i) Collection and Use. Agencies shall only collect information using UAS, or use UAS-collected information, to the extent that such collection or use is consistent with and relevant to an authorized purpose.
(ii) Retention. Information collected using UAS that may contain PII shall not be retained for more than 180 days unless retention of the information is determined to be necessary to an authorized mission of the retaining agency, is maintained in a system of records covered by the Privacy Act, or is required to be retained for a longer period by any other applicable law or regulation.
(iii) Dissemination. UAS-collected information that is not maintained in a system of records covered by the Privacy Act shall not be disseminated outside of the agency unless dissemination is required by law, or fulfills an authorized purpose and complies with agency requirements.
(b) Civil Rights and Civil Liberties Protections. To protect civil rights and civil liberties, agencies shall:
(i) ensure that policies are in place to prohibit the collection, use, retention, or dissemination of data in any manner that would violate the First Amendment or in any manner that would discriminate against persons based upon their ethnicity, race, gender, national origin, religion, sexual orientation, or gender identity, in violation of law;
(ii) ensure that UAS activities are performed in a manner consistent with the Constitution and applicable laws, Executive Orders, and other Presidential directives; and
(iii) ensure that adequate procedures are in place to receive, investigate, and address, as appropriate, privacy, civil rights, and civil liberties complaints.
(c) Accountability. To provide for effective oversight, agencies shall:
(i) ensure that oversight procedures for agencies' UAS use, including audits or assessments, comply with existing agency policies and regulations;
(ii) verify the existence of rules of conduct and training for Federal Government personnel and contractors who work on UAS programs, and procedures for reporting suspected cases of misuse or abuse of UAS technologies;
(iii) establish policies and procedures, or confirm that policies and procedures are in place, that provide meaningful oversight of individuals who have access to sensitive information (including any PII) collected using UAS;
(iv) ensure that any data-sharing agreements or policies, data use policies, and record management policies applicable to UAS conform to applicable laws, regulations, and policies;
(v) establish policies and procedures, or confirm that policies and procedures are in place, to authorize the use of UAS in response to a request for UAS assistance in support of Federal, State, local, tribal, or territorial government operations; and
(vi) require that State, local, tribal, and territorial government recipients of Federal grant funding for the purchase or use of UAS for their own operations have in place policies and procedures to safeguard individuals' privacy, civil rights, and civil liberties prior to expending such funds.
(d) Transparency. To promote transparency about their UAS activities within the NAS, agencies that use UAS shall, while not revealing information that could reasonably be expected to compromise law enforcement or national security:
(i) provide notice to the public regarding where the agency's UAS are authorized to operate in the NAS;
(ii) keep the public informed about the agency's UAS program as well as changes that would significantly affect privacy, civil rights, or civil liberties; and
(iii) make available to the public, on an annual basis, a general summary of the agency's UAS operations during the previous fiscal year, to include a brief description of types or categories of missions flown, and the number of times the agency provided assistance to other agencies, or to State, local, tribal, or territorial governments.
(e) Reports. Within 180 days of the date of this memorandum, agencies shall provide the President with a status report on the implementation of this section. Within 1 year of the date of this memorandum, agencies shall publish information on how to access their publicly available policies and procedures implementing this section.
(a) There is hereby established a multi-stakeholder engagement process to develop and communicate best practices for privacy, accountability, and transparency issues regarding commercial and private UAS use in the NAS. The process will include stakeholders from the private sector.
(b) Within 90 days of the date of this memorandum, the Department of Commerce, through the National Telecommunications and Information Administration, and in consultation with other interested agencies, will initiate this multi-stakeholder engagement process to develop a framework regarding privacy, accountability, and transparency for commercial and private UAS use. For this process, commercial and private use includes the use of UAS for commercial purposes as civil aircraft, even if the use would qualify a UAS as a public aircraft under
(a) "Agencies" means executive departments and agencies of the Federal Government that conduct UAS operations in the NAS.
(b) "Federal Government use" means operations in which agencies operate UAS in the NAS. Federal Government use includes agency UAS operations on behalf of another agency or on behalf of a State, local, tribal, or territorial government, or when a nongovernmental entity operates UAS on behalf of an agency.
(c) "National Airspace System" means the common network of U.S. airspace; air navigation facilities, equipment, and services; airports or landing areas; aeronautical charts, information, and services; related rules, regulations, and procedures; technical information; and manpower and material. Included in this definition are system components shared jointly by the Departments of Defense, Transportation, and Homeland Security.
(d) "Unmanned Aircraft System" means an unmanned aircraft (an aircraft that is operated without direct human intervention from within or on the aircraft) and associated elements (including communication links and components that control the unmanned aircraft) that are required for the pilot or system operator in command to operate safely and efficiently in the NAS.
(e) "Personally identifiable information" refers to information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual, as set forth in Office of Management and Budget Memorandum M–07–16 (May 22, 2007) and Office of Management and Budget Memorandum M–10–23 (June 25, 2010).
(b) This memorandum shall be implemented consistent with applicable law, and subject to the availability of appropriations.
(c) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(d) Independent agencies are strongly encouraged to comply with this memorandum.
(e) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(f) The Secretary of Commerce is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
Unmanned Aircraft Systems Integration Pilot Program
Memorandum of President of the United States, Oct. 25, 2017, 82 F.R. 50301, provided:
Memorandum for the Secretary of Transportation
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
The private sector has rapidly advanced UAS capabilities to address the needs of recreational, commercial, and public users. To promote continued technological innovation and to ensure the global leadership of the United States in this emerging industry, the regulatory framework for UAS operations must be sufficiently flexible to keep pace with the advancement of UAS technology, while balancing the vital Federal roles in protecting privacy and civil liberties; mitigating risks to national security and homeland security; and protecting the safety of the American public, critical infrastructure, and the Nation's airspace. Well-coordinated integration of UAS into the national airspace system (NAS) alongside manned aircraft will increase the safety of the NAS and enable the authorization of more complex UAS operations.
The Federal Aviation Administration (FAA) has taken steps to integrate UAS into the NAS at specific test sites and has issued operational requirements for small UAS operations in the NAS. Further integration will require continued private-sector cooperation and the involvement of State, local, and tribal governments in Federal efforts to develop and enforce regulations on UAS operations in their jurisdictions. Input from State, local, tribal, and private-sector stakeholders will be necessary to craft an optimal strategy for the national management of UAS operations. A coordinated effort between the private sector and among these governments will provide certainty and stability to UAS owners and operators, maximize the benefits of UAS technologies for the public, and mitigate risks to public safety and security.
(b) The objectives of the Program shall be to:
(i) test and evaluate various models of State, local, and tribal government involvement in the development and enforcement of Federal regulations for UAS operations;
(ii) encourage UAS owners and operators to develop and safely test new and innovative UAS concepts of operations; and
(iii) inform the development of future Federal guidelines and regulatory decisions on UAS operations nationwide.
(i) solicit proposals from State, local, and tribal governments to test within their jurisdictions the integration of civil and public UAS operations into the NAS below 200 feet above ground level, or up to 400 feet above ground level if the Secretary determines that such an adjustment would be appropriate;
(ii) select proposals by State, local, and tribal governments for participation in the Program according to the criteria listed in subsection (b) of this section;
(iii) enter into agreements with the selected governments to establish the terms of their involvement in UAS operations within their jurisdictions, including their support for Federal enforcement responsibilities; describe the proposed UAS operations to be conducted; and identify the entities that will conduct such operations, including, if applicable, the governments themselves; and
(iv) as necessary, use existing authorities to grant exceptions, exemptions, authorizations, and waivers from FAA regulations to the entities identified in the agreements described in subsection (iii) of this section [sic], including through the issuance of waivers under 14 CFR Part 107 and Certificates of Waiver or Authorization under [former] section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) (
(b) In selecting proposals for participation in the Program under subsection (a) of this section, the Secretary shall consider:
(i) overall economic, geographic, and climatic diversity of the selected jurisdictions;
(ii) overall diversity of the proposed models of government involvement;
(iii) overall diversity of the UAS operations to be conducted;
(iv) the location of critical infrastructure;
(v) the involvement of commercial entities in the proposal, and their ability to advance objectives that may serve the public interest as a result of further integration of UAS into the NAS;
(vi) the involvement of affected communities in, and their support for, participating in the Program;
(vii) the commitment of the governments and UAS operators involved in the proposal to comply with requirements related to national defense, homeland security, and public safety, and to address competition, privacy, and civil liberties concerns; and
(viii) the commitment of the governments and UAS operators involved in the proposal to achieve the following policy objectives:
(A) promoting innovation and economic development;
(B) enhancing transportation safety;
(C) enhancing workplace safety;
(D) improving emergency response and search and rescue functions; and
(E) using radio spectrum efficiently and competitively.
(c) Within 180 days of the establishment of the Program, the Secretary shall enter into agreements with State, local, or tribal governments to participate in the Program, with the goal of entering into at least 5 such agreements by that time.
(d) In carrying out subsection (c) of this section, the Secretary shall select State, local, or tribal governments that plan to begin integration of UAS into the NAS in their jurisdictions within 90 days after the date on which the agreement is established.
(e) The Secretary shall consider new proposals for participation in the Program up to 1 year before the Program is scheduled to terminate.
(f) The Secretary shall apply best practices from existing FAA test sites, waivers granted under 14 CFR part 107, exemptions granted under [former] section 333 of the FMRA, the FAA Focus Area Pathfinder Program, and any other relevant programs in order to expedite the consideration of exceptions, exemptions, authorizations, and waivers from FAA regulations to be granted under the Program, as described in subsection (a)(iv) of this section.
(g) The Secretary shall address any non-compliance with the terms of exceptions, exemptions, authorizations, waivers granted, or agreements made with UAS users or participating jurisdictions in a timely and appropriate manner, including by revoking or modifying the relevant terms.
(b) The Secretary, in coordination with the Secretaries of Defense and Homeland Security and the Attorney General, shall take necessary and appropriate steps to:
(i) mitigate risks to public safety and homeland and national security when selecting proposals and implementing the Program; and
(ii) monitor compliance with relevant laws and regulations to ensure that Program activities do not interfere with national defense, homeland security, or law enforcement operations and missions.
(c) The heads of executive departments and agencies with relevant law enforcement responsibilities (Federal law enforcement agencies), including the Attorney General and the Secretary of Homeland Security, shall develop and implement best practices to enforce the laws and regulations governing UAS operations conducted under the Program.
(d) In carrying out the responsibilities set forth in subsection (c) of this section, the heads of Federal law enforcement agencies shall coordinate with the Secretaries of Defense and Transportation, as well as with the relevant State, local, or tribal law enforcement agencies.
(e) In implementing the Program, the Secretary shall coordinate with the Secretaries of Defense and Homeland Security and the Attorney General to test counter-UAS capabilities, as well as platform and system-wide cybersecurity, to the extent appropriate and consistent with law.
(b) Before and after the termination of the Program, the Secretary shall use the information and experience yielded by the Program to inform the development of regulations, initiatives, and plans to enable safer and more complex UAS operations, and shall, as appropriate, share information with the Secretaries of Defense and Homeland Security, the Attorney General, and the heads of other executive departments and agencies.
(c) After the date of this memorandum and until the Program is terminated, the Secretary, in consultation with the Secretaries of Defense and Homeland Security and the Attorney General, shall submit an annual report to the President setting forth the Secretary's interim findings and conclusions concerning the Program. Not later than 90 days after the Program is terminated, the Secretary shall submit a final report to the President setting forth the Secretary's findings and conclusions concerning the Program.
(a) The term "unmanned aircraft system" has the meaning given that term in section 331 of the FMRA [
(b) The term "public unmanned aircraft system" has the meaning given that term in section 331 of the FMRA.
(c) The term "civil unmanned aircraft system" means an unmanned aircraft system that meets the qualifications and conditions required for operation of a civil aircraft, as defined in
(i) the authority granted by law to an executive department or agency, or the head thereof;
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or
(iii) the conduct of public aircraft operations, as defined in
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
1 See Prior Provisions note below.
§44803. Unmanned aircraft test ranges
(a)
(b)
(1) designate airspace for safely testing the integration of unmanned flight operations in the national airspace system;
(2) develop operational standards and air traffic requirements for unmanned flight operations at test ranges;
(3) coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense;
(4) address both civil and public unmanned aircraft systems;
(5) ensure that the program is coordinated with relevant aspects of the Next Generation Air Transportation System;
(6) provide for verification of the safety of unmanned aircraft systems and related navigation procedures as it relates to continued development of standards for integration into the national airspace system;
(7) engage test range operators, as necessary and within available resources, in projects for research, development, testing, and evaluation of unmanned aircraft systems to facilitate the Federal Aviation Administration's development of standards for the safe integration of unmanned aircraft into the national airspace system, which may include solutions for—
(A) developing and enforcing geographic and altitude limitations;
(B) providing for alerts by the manufacturer of an unmanned aircraft system regarding any hazards or limitations on flight, including prohibition on flight as necessary;
(C) sense and avoid capabilities;
(D) beyond-visual-line-of-sight operations, nighttime operations, operations over people, operation of multiple small unmanned aircraft systems, and unmanned aircraft systems traffic management, or other critical research priorities; and
(E) improving privacy protections through the use of advances in unmanned aircraft systems technology;
(8) coordinate periodically with all test range operators to ensure test range operators know which data should be collected, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system;
(9) streamline to the extent practicable the approval process for test ranges when processing unmanned aircraft certificates of waiver or authorization for operations at the test sites;
(10) require each test range operator to protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using that test range without the need to obtain an experimental or special airworthiness certificate; 1
(11) allow test range operators to receive Federal funding, other than from the Federal Aviation Administration, including in-kind contributions, from test range participants in the furtherance of research, development, and testing objectives.
(c)
(d)
(1) review the operations of unmanned aircraft systems conducted at the test range, including—
(A) ongoing or completed research; and
(B) data regarding operations by private and public operators; and
(2) submit to the Administrator, in such form and manner as specified by the Administrator, the results of the review, including recommendations to further enable private research and development operations at the test ranges that contribute to the Federal Aviation Administration's safe integration of unmanned aircraft systems into the national airspace system, on a quarterly basis until the program terminates.
(e)
(f)
(g)
(h)
(Added
Editorial Notes
Amendments
2024—Subsec. (h).
2023—Subsec. (h).
1 So in original. Probably should be followed by "and".
§44804. Small unmanned aircraft in the Arctic
(a)
(b)
(c)
(d)
(e)
(1)
(2)
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 332(d) of
§44805. Small Unmanned 1 aircraft safety standards
(a)
(1) accepting risk-based consensus safety standards related to the design, production, and modification of small unmanned aircraft systems;
(2) authorizing the operation of small 2 unmanned aircraft system make and model designed, produced, or modified in accordance with the consensus safety standards accepted under paragraph (1);
(3) authorizing a manufacturer to self-certify a small unmanned aircraft system make or model that complies with consensus safety standards accepted under paragraph (1); and
(4) certifying a manufacturer of small unmanned aircraft systems, or an employee of such manufacturer, that has demonstrated compliance with the consensus safety standards accepted under paragraph (1) and met any other qualifying criteria, as determined by the Administrator, to alternatively satisfy the requirements of paragraph (1).
(b)
(1) Technologies or standards related to geographic limitations, altitude limitations, and sense and avoid capabilities.
(2) Using performance-based requirements.
(3) Assessing varying levels of risk posed by different small unmanned aircraft systems and their operation and tailoring performance-based requirements to appropriately mitigate risk.
(4) Predetermined action to maintain safety in the event that a communications link between a small unmanned aircraft and its operator is lost or compromised.
(5) Detectability and identifiability to pilots, the Federal Aviation Administration, and air traffic controllers, as appropriate.
(6) Means to prevent tampering with or modification of any system, limitation, or other safety mechanism or standard under this section or any other provision of law, including a means to identify any tampering or modification that has been made.
(7) Consensus identification standards under section 2202 of the FAA Extension, Safety, and Security Act of 2016 (
(8) To the extent not considered previously by the consensus body that crafted consensus safety standards, cost-benefit and risk analyses of consensus safety standards that may be accepted pursuant to subsection (a) for newly designed small unmanned aircraft systems.
(9) Applicability of consensus safety standards to small unmanned aircraft systems that are not manufactured commercially.
(10) Any technology or standard related to small unmanned aircraft systems that promotes aviation safety.
(11) Any category of unmanned aircraft systems that should be exempt from the consensus safety standards based on risk factors.
(e) 3
(1) airworthiness certification requirements under
(2) type certification under part 21 of title 14, Code of Federal Regulations.
(f)
(g)
(1) The aircraft system's operating instructions.
(2) The aircraft system's recommended maintenance and inspection procedures.
(3) The manufacturer's statement of compliance described in subsection (h).
(4) Upon request, a sample aircraft to be inspected by the Federal Aviation Administration to ensure compliance with the consensus safety standards accepted by the Administrator under subsection (a).
(h)
(1) identify the aircraft make, model, range of serial numbers, and any applicable consensus safety standards used and accepted by the Administrator;
(2) state that the aircraft make and model meets the provisions of the consensus safety standards identified in paragraph (1);
(3) state that the aircraft make and model conforms to the manufacturer's design data and is manufactured in a way that ensures consistency across units in the production process in order to meet the applicable consensus safety standards accepted by the Administrator;
(4) state that the manufacturer will make available to the Administrator, operators, or customers—
(A) the aircraft's operating instructions, which conform to the consensus safety standards identified in paragraph (1); and
(B) the aircraft's recommended maintenance and inspection procedures, which conform to the consensus safety standards identified in paragraph (1);
(5) state that the manufacturer will monitor safety-of-flight issues and take action to ensure it meets the consensus safety standards identified in paragraph (1) and report these issues and subsequent actions to the Administrator;
(6) state that at the request of the Administrator, the manufacturer will provide reasonable access for the Administrator to its facilities for the purposes of overseeing compliance with this section; and
(7) state that the manufacturer, in accordance with the consensus safety standards accepted by the Federal Aviation Administration, has—
(A) ground and flight tested random samples of the aircraft;
(B) found the sample aircraft performance acceptable; and
(C) determined that the make and model of aircraft is suitable for safe operation.
(i)
(1)
(2)
(A) the make and model has been authorized for operation under subsection (a); or
(B) the aircraft has alternatively received design and production approval issued by the Federal Aviation Administration.
(j)
(Added
Editorial Notes
References in Text
Section 2202 of the FAA Extension, Safety, and Security Act of 2016, referred to in subsec. (b)(7), is section 2202 of
Statutory Notes and Related Subsidiaries
Unmanned Aircraft Systems Research Facility
1 So in original. Probably should not be capitalized.
2 So in original. Probably should be preceded by "a".
3 So in original. There are no subsecs. (c) and (d).
§44806. Public unmanned aircraft systems
(a)
(1) to streamline and expedite the process for the issuance of a certificate of authorization or a certificate of waiver;
(2) to facilitate the capability of public agencies to develop and use test ranges, subject to operating restrictions required by the Federal Aviation Administration, to test and operate public unmanned aircraft systems; and
(3) to provide guidance on a public agency's responsibilities when operating an unmanned aircraft without a civil airworthiness certificate issued by the Administration.
(b)
(1)
(2)
(A) with respect to an application described in paragraph (1)—
(i) provide for an expedited review of the application;
(ii) require a decision by the Administrator on approval or disapproval not later than 60 business days after the date of submission of the application; and
(iii) allow for an expedited appeal if the application is disapproved;
(B) allow for a one-time approval of similar operations carried out during a fixed period of time; and
(C) allow a government public safety agency to operate an unmanned aircraft weighing 4.4 pounds or less if that unmanned aircraft is operated—
(i) within or beyond the visual line of sight of the operator;
(ii) less than 400 feet above the ground;
(iii) during daylight conditions;
(iv) within Class G airspace; and
(v) outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities.
(c)
(1)
(A) operated at an altitude of less than 150 feet above ground level;
(B) operated—
(i) within class G airspace; or
(ii) at or below the ceiling depicted on the Federal Aviation Administration's published UAS facility maps for class B, C, D, or E surface area airspace;
(C) not flown directly over non-participating persons;
(D) operated within visual line of sight of the operator; and
(E) operated in a manner that does not interfere with and gives way to any other aircraft.
(2)
(A) without any requirement to obtain a certificate of authorization, certificate of waiver, or other approval by the Federal Aviation Administration;
(B) without requiring airman certification under
(C) without requiring airworthiness certification under
(3)
(4)
(d)
(Added
Editorial Notes
References in Text
The date of enactment of this Act, referred to in subsec. (c)(1), is the date of enactment of
Prior Provisions
Provisions similar to those in subsecs. (a) and (b) of this section were contained in section 334(a) and (c) of
Statutory Notes and Related Subsidiaries
Public UAS Access to Special Use Airspace
§44807. Special authority for certain unmanned aircraft systems
(a)
(b)
(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; and
(2) whether a certificate under section 44703 or
(c)
(d)
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 333 of
Amendments
2024—Subsec. (d).
2023—Subsec. (d).
§44808. Carriage of property by small unmanned aircraft systems for compensation or hire
(a)
(b)
(1) Use performance-based requirements.
(2) Consider varying levels of risk to other aircraft and to persons and property on the ground posed by different unmanned aircraft systems and their operation and tailor performance-based requirements to appropriately mitigate risk.
(3) Consider the unique characteristics of highly automated, small unmanned aircraft systems.
(4) Include requirements for the safe operation of small unmanned aircraft systems that, at a minimum, address—
(A) airworthiness of small unmanned aircraft systems;
(B) qualifications for operators and the type and nature of the operations;
(C) operating specifications governing the type and nature of the unmanned aircraft system air carrier operations; and
(D) the views of State, local, and tribal officials related to potential impacts of the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the communities to be served.
(5)
(A) registration with the Department of Transportation;
(B) authorization from the Federal Aviation Administration to conduct operations; and
(C) compliance with chapters 401, 411, and 417.
(6)
(Added
Editorial Notes
References in Text
The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (a), is the date of enactment of
§44809. Exception for limited recreational operations of unmanned aircraft
(a)
(1) The aircraft is flown strictly for recreational purposes.
(2) The aircraft is operated in accordance with or within the programming of a community-based organization's set of safety guidelines that are developed in coordination with the Federal Aviation Administration.
(3) The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and 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) In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.
(6) In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions.
(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.
(8) The aircraft is registered and marked in accordance with
(b)
(c)
(1)
(2)
(A) the unmanned aircraft complies with standards and limitations developed by a community-based organization and approved by the Administrator; and
(B) the aircraft is operated from a fixed site as described in paragraph (1).
(d)
(1)
(2)
(A) appropriate operational limitations to mitigate risks to aviation safety and national security, including risk to the uninvolved public and critical infrastructure;
(B) operations outside the membership, guidelines, and programming of a community-based organization;
(C) physical characteristics, technical standards, and classes of aircraft operating under this section;
(D) trends in use, enforcement, or incidents involving unmanned aircraft systems;
(E) ensuring, to the greatest extent practicable, that updates to the operational parameters correspond to, and leverage, advances in technology; and
(F) equipage requirements that facilitate safe, efficient, and secure operations and further integrate all unmanned aircraft into the national airspace system.
(3)
(e)
(f)
(1) updates to the operational parameters for unmanned aircraft in subsection (a);
(2) the registration and marking of unmanned aircraft;
(3) the standards for remotely identifying owners and operators of unmanned aircraft systems and associated unmanned aircraft; and
(4) other standards consistent with maintaining the safety and security of the national airspace system.
(g)
(1)
(2)
(A) understanding of aeronautical safety knowledge; and
(B) knowledge of Federal Aviation Administration regulations and requirements pertaining to the operation of an unmanned aircraft system in the national airspace system.
(h)
(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986;
(2) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986;
(3) the mission of which is demonstrably the furtherance of model aviation;
(4) provides a comprehensive set of safety guidelines for all aspects of model aviation addressing the assembly and operation of model aircraft and that emphasize safe aeromodelling operations within the national airspace system and the protection and safety of individuals and property on the ground, and may provide a comprehensive set of safety rules and programming for the operation of unmanned aircraft that have the advanced flight capabilities enabling active, sustained, and controlled navigation of the aircraft beyond visual line of sight of the operator;
(5) provides programming and support for any local charter organizations, affiliates, or clubs; and
(6) provides assistance and support in the development and operation of locally designated model aircraft flying sites.
(i)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsecs. (g)(1) and (i), is the date of enactment of
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (h)(1), (2), is classified to
Prior Provisions
Provisions similar to those in subsecs. (a) and (e) of this section were contained in section 336(a) and (b) of
Statutory Notes and Related Subsidiaries
Use of Unmanned Aircraft Systems for Educational Purposes
"(a)
"(1) operated by an institution of higher education for educational or research purposes;
"(2) flown as part of an established Junior Reserve Officers' Training Corps (JROTC) program for education or research purposes; or
"(3) flown as part of an educational program that is chartered by a recognized community-based organization (as defined in subsection (h) of such section).
"(b)
"(1) use of small unmanned aircraft systems and operations at an accredited institution of higher education, for educational or research purposes, as a component of the institution's curricula or research;
"(2) the development of streamlined, risk-based operational approval for unmanned aircraft systems operated by institutions of higher education; and
"(3) the airspace and aircraft operators that may be affected by such operations at the institution of higher education.
"(c)
"(d)
"(1)
"(2)
"(A) instruction of students at the institution;
"(B) academic or research related uses of unmanned aircraft systems that have been approved by the institution, including Federal research;
"(C) activities undertaken by the institution as part of research projects, including research projects sponsored by the Federal Government; and
"(D) other academic activities approved by the institution.
"(e)
"(1)
"(2)
§44810. Airport safety and airspace hazard mitigation and enforcement
(a)
(b)
(1)
(2)
(3)
(4)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(Added
Editorial Notes
References in Text
The Aircraft Sabotage Act, referred to in subsec. (g), is part B (§§2011–2015) of chapter XX of title II of
The Federal Advisory Committee Act, referred to in subsec. (b)(3), is
The Computer Fraud and Abuse Act of 1986, referred to in subsec. (g), is
Amendments
2024—Subsec. (h).
2023—Subsec. (h).
Statutory Notes and Related Subsidiaries
Cooperation Related to Certain Counter-UAS Technology
Enforcement
"(a)
"(b)
"(c)
"(1) The number of unauthorized unmanned aircraft operations detected in restricted airspace, including in and around airports, together with a description of such operations.
"(2) The number of enforcement cases brought by the Federal Aviation Administration or other Federal agencies for unauthorized operation of unmanned aircraft detected through the program, together with a description of such cases.
"(3) Recommendations for safety and operational standards for unmanned aircraft detection and mitigation systems.
"(4) Recommendations for any legislative or regulatory changes related to mitigation or detection or identification of unmanned aircraft systems.
"(d)
"(e)
"(f)
1 See References in Text note below.