USC Chapter 448

USC Chapter 448
in effect

49 U.S.C. § 44801 Definitions

In this chapter, the following definitions apply: (1) Actively tethered unmanned aircraft system.—The term “actively tethered unmanned aircraft system” means an unmanned aircraft system in which the unmanned aircraft component—(A) weighs 55 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; (C) is controlled and retrieved by such ground station through physical manipulation of the tether; (D) is able to maintain safe flight control in the event of a power or flight control failure during flight; and (E) is programmed to initiate a controlled landing in the event of a tether separation. (2) Appropriate committees of congress.—The term “appropriate committees of Congress” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (3) Arctic.—The term “Arctic” means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain. (4) Certificate of waiver; certificate of authorization.—The terms “certificate of waiver” and “certificate of authorization” mean a Federal Aviation Administration grant of approval for a specific flight operation. (5) Counter-UAS system.—The term “counter-UAS system” means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an unmanned aircraft or unmanned aircraft system. (6) Permanent areas.—The term “permanent areas” means areas on land or water that provide for launch, recovery, and operation of small unmanned aircraft. (7) Public unmanned aircraft system.—The term “public unmanned aircraft system” means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft. (8) Sense and avoid capability.—The term “sense and avoid capability” means the capability of an unmanned aircraft to remain a safe distance from and to avoid collisions with other airborne aircraft, structures on the ground, and other objects. (9) Small unmanned aircraft.—The term “small unmanned aircraft” means an unmanned aircraft weighing less than 55 pounds, including the weight of anything attached to or carried by the aircraft. (10) Test range.—The term “test range” means a defined geographic area where research and development are conducted as authorized by the Administrator of the Federal Aviation Administration, and includes the test ranges designated by the Administrator under section 44803. (11) Unmanned aircraft.—The term “unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. (12) Unmanned aircraft system.—The term “unmanned aircraft system” means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system. (13) UTM.—The term “UTM” means an unmanned aircraft system traffic management system or service.”

49 U.S.C. § 44802 Integration of civil unmanned aircraft systems into national airspace system

(a) Required Planning for Integration.—(1) Comprehensive plan.—Not later than November 10, 2012,11 See Prior Provisions note below. the Secretary of Transportation, in consultation with representatives of the aviation industry, Federal agencies that employ unmanned aircraft systems technology in the national airspace system, and the unmanned aircraft systems industry, shall develop a comprehensive plan to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system. (2) Contents of plan.—The plan required under paragraph (1) shall contain, at a minimum, recommendations or projections on—(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) Deadline.—The plan required under paragraph (1) shall provide for the safe integration of civil unmanned aircraft systems into the national airspace system as soon as practicable, but not later than September 30, 2015.1 (4) Report to congress.—Not later than February 14, 2013,1 the Secretary shall submit to Congress a copy of the plan required under paragraph (1). (5) Roadmap.—Not later than February 14, 2013,1 the Secretary shall approve and make available in print and on the Administration’s internet website a 5-year roadmap for the introduction of civil unmanned aircraft systems into the national airspace system, as coordinated by the Unmanned Aircraft Program Office of the Administration. The Secretary shall update, in coordination with the Administrator of the National Aeronautics and Space Administration (NASA) and relevant stakeholders, including those in industry and academia, the roadmap annually. The roadmap shall include, at a minimum—(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) Rulemaking.—Not later than 18 months after the date on which the plan required under subsection (a)(1) is submitted to Congress under subsection (a)(4), the Secretary shall publish in the Federal Register—(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.

49 U.S.C. § 44803 Unmanned aircraft system test ranges

(a) Test Ranges.—(1) In general.—The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system (in this section referred to as UAS) test ranges to—(A) enable a broad variety of development, testing, and evaluation activities related to UAS and associated technologies; and (B) the extent consistent with aviation safety and efficiency, support the safe integration of unmanned aircraft systems into the national airspace system. (2) Designations.—(A) Existing test ranges.—Test ranges designated under this section shall include the 7 test ranges established under the following:(i) Section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254). (ii) Any other test ranges designated pursuant to the amendment made by section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note) after the date of enactment of such Act. (B) New test ranges.—If the Administrator finds that it is in the best interest of enabling safe UAS integration into the national airspace system, the Administrator may select and designate as a test range under this section up to 2 additional test ranges in accordance with the requirements of this section through a competitive selection process. (C) Limitation.—Not more than 9 test ranges designated under this section shall be part of the program established under this section at any given time. (3) Eligibility.—Test ranges selected by the Administrator pursuant to (2)(B) shall—(A) be an instrumentality of a State, local, Tribal, or territorial government or other public entity; (B) be approved by the chief executive officer of the State, local, territorial, or Tribal government for the principal place of business of the applicant, prior to seeking designation by the Administrator; (C) undertake and ensure testing and evaluation of innovative concepts, technologies, and operations that will offer new safety benefits, including developing and retaining an advanced aviation industrial base within the United States; and (D) meet any other requirements established by the Administrator. (b) Airspace Requirements.—(1) In general.—In carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, special use airspace, or other similar type of airspace pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of—(A) accommodating hazardous development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or (B) other activities authorized by the Administrator pursuant to subsection (f). (2) NEPA review.—The Administrator may require that each test range sponsor designated by the Administrator under subsection (a) provide a draft environmental review consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), subject to the supervision of and adoption by the Administrator, with respect to any request for the establishment of a restricted area, special use airspace, or other similar type of airspace under this subsection. (3) Inactive restricted area or special use airspace.—(A) In general.—In the event a restricted area, special use airspace, or other similar type of airspace established under paragraph (1) is not needed to meet the needs of the using agency (as described in subparagraph (B)), any related airspace restrictions, limitations, or designations shall be inactive. (B) Using agency.—For purposes of this subsection, a test range sponsor designated by the Administrator under subsection (a) shall be considered the using agency with respect to a restricted area established by the Administrator under this subsection. (4) Approval authority.—The Administrator shall have the authority to approve access by a participating or nonparticipating operator to a test range or restricted area, special use airspace, or other similar type of airspace established by the Administrator under this subsection. (c) Program Requirements.—In carrying out the program under subsection (a), the Administrator—(1) may develop operational standards and air traffic requirements for flight operations at test ranges; (2) shall coordinate with, and leverage the resources of, the Administrator of the National Aeronautics and Space Administration and other relevant Federal agencies, as determined appropriate by the Administrator; (3) shall address both civil and public aircraft operations; (4) shall provide for verification of the safety of flight systems and related navigation procedures as such systems and procedures relate to the continued development of regulations and standards for integration of unmanned aircraft systems into the national airspace system; (5) shall engage test range sponsors, as necessary and with available resources, in projects for development, testing, and evaluation of flight systems, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, to facilitate the development of regulations and the validation of standards by the Administrator for the safe integration of unmanned aircraft systems into the national airspace system, which may include activities related to—(A) developing and enforcing geographic and altitude limitations; (B) providing for alerts regarding any hazards or limitations on flight, including prohibition on flight, as necessary; (C) developing or validating sense and avoid capabilities; (D) developing or validating technology to support communications, navigation, and surveillance; (E) testing or validating operational concepts and technologies related to beyond visual line of sight operations, autonomous operations, nighttime operations, operations over people, operations involving multiple unmanned aircraft systems by a single pilot or operator, and unmanned aircraft systems traffic management capabilities or services; (F) improving privacy protections through the use of advances in unmanned aircraft systems; (G) conducting counter-UAS testing capabilities, with the approval of the Administrator; and (H) other relevant topics for which development, testing or evaluation are needed; (6) shall develop data sharing and collection requirements for test ranges to support the unmanned aircraft systems integration efforts of the Administration and coordinate periodically with all test range sponsors to ensure the test range sponsors know—(A) what data should be collected; (B) how data can be de-identified to flow more readily to the Administration; (C) what procedures should be followed; and (D) what development, testing, and evaluation would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; (7) shall allow test range sponsors to receive Federal funding, including in-kind contributions, other than from the Federal Aviation Administration, in furtherance of research, development, testing, and evaluation objectives; and (8) shall use modeling and simulation tools to assist in the testing, evaluation, verification, and validation of unmanned aircraft systems. (d) Exemption.—Except as provided in subsection (f), the requirements of section 44711, including any related implementing regulations, shall not apply to persons approved by the test range sponsor for operation at a test range designated by the Administrator under this section. (e) Responsibilities of Test Range Sponsors.—The sponsor of each test range designated by the Administrator under subsection (a) shall—(1) provide access to all interested private and public entities seeking to carry out research, development, testing and evaluation activities at the test range designated pursuant to this section, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as such term is defined in section 3 of the Small Business Act (15 U.S.C. 632)); (2) ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area, special use airspace, or other similar type of airspace covering the test range; (3) ensure no activity is conducted at the designated test range in a careless or reckless manner; (4) establish safe operating procedures for all operators approved for activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator; (5) exercise direct oversight of all operations conducted at the test range; (6) consult with the Administrator on the nature of planned activities at the test range and whether temporary segregation of the airspace is required to contain such activities consistent with aviation safety; (7) protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range; (8) maintain detailed records of all ongoing and completed activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor; (9) make all original records available for inspection upon request by the Administrator; and (10) provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private development, testing, and evaluation activities at the test ranges to contribute to the safe integration of unmanned aircraft systems into the national airspace system. (f) Testing.—(1) In general.—The Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, as appropriate, other than activities directly related to the integration of unmanned aircraft systems into the national airspace system, so long as the activity is necessary to inform the development of regulations, standards, or policy for integrating new types of flight systems into the national airspace system. (2) Waiver.— In carrying out this section, the Administrator may waive the requirements of section 44711 (including any related implementing regulations) to the extent the Administrator determines such waiver is consistent with aviation safety. (g) Collaborative Research and Development Agreements.—The Administrator may use the transaction authority under section 106(l)(6), including in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research, development, testing, and evaluation related to unmanned aircraft systems, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, as appropriate, at any test range designated under subsection (a). (h) Authorization of Appropriations.—(1) Establishment.—Out of amounts authorized to be appropriated under section 106(k), $6,000,000 for each of fiscal years 2025 through 2028, shall be available to the Administrator for the purposes of—(A) providing matching funds to commercial entities that contract with a UAS test range to demonstrate or validate technologies that the FAA considers essential to the safe integration of UAS into the national airspace system; and (B) supporting or performing such demonstration and validation activities described in subparagraph (A) at a test range designated under the section. (2) Disbursement.—Funding provided under this subsection shall be divided evenly among all UAS test ranges designated under this section, for the purpose of providing matching funds to commercial entities described in paragraph (1) and available until expended. (i) Termination.—The program under this section shall terminate on September 30, 2028.

49 U.S.C. § 44804 Unmanned aircraft in the Arctic

(a) In General.—The Secretary of Transportation shall develop a plan and initiate a process to work with relevant Federal agencies and national and international communities to designate permanent areas in the Arctic where unmanned aircraft may operate 24 hours per day for research and commercial purposes. (b) Plan Contents.—The plan under subsection (a) shall include the development of processes to facilitate the safe operation of unmanned aircraft beyond the visual line of sight. (c) Requirements.—Each permanent area designated under subsection (a) shall enable over-water flights from the surface to at least 2,000 feet in altitude, with ingress and egress routes from selected coastal launch sites. (d) Agreements.—To implement the plan under subsection (a), the Secretary may enter into an agreement with relevant national and international communities. (e) Aircraft Approval.—(1) In general.—Subject to paragraph (2), not later than 1 year after the entry into force of an agreement necessary to effectuate the purposes of this section, the Secretary shall work with relevant national and international communities to establish and implement a process for approving the use of a unmanned aircraft in the designated permanent areas in the Arctic without regard to whether the unmanned aircraft is used as a public aircraft, a civil aircraft, or a model aircraft. (2) Existing process.—The Secretary may implement an existing process to meet the requirements under paragraph (1).

49 U.S.C. § 44805 Small unmanned aircraft safety standards

(a) FAA Process for Acceptance and Authorization.—The Administrator of the Federal Aviation Administration shall establish a process for—(1) accepting risk-based consensus safety standards related to the design, production, and modification of small unmanned aircraft systems; (2) authorizing the operation of a small 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) Considerations.—Before accepting consensus safety standards under subsection (a), the Administrator of the Federal Aviation Administration shall consider the following:(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 (Public Law 114–190; 130 Stat. 615). (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. (c) Nonapplicability of Other Laws.—The process for authorizing the operation of small unmanned aircraft systems under subsection (a) may allow for operation of any applicable small unmanned aircraft systems within the national airspace system without requiring—(1) airworthiness certification requirements under section 44704 of this title; or (2) type certification under part 21 of title 14, Code of Federal Regulations. (d) Revocation.—The Administrator may suspend or revoke the authorizations in subsection (a) if the Administrator determines that the manufacturer or the small unmanned aircraft system is no longer in compliance with the standards accepted by the Administrator under subsection (a)(1) or with the manufacturer’s statement of compliance under subsection (f). (e) Requirements.—With regard to an authorization under the processes in subsection (a), the Administrator may require a manufacturer of small unmanned aircraft systems to provide the Federal Aviation Administration with the following:(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 (f). (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). (f) Manufacturer’s Statement of Compliance for Small UAS.—A manufacturer’s statement of compliance shall—(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. (g) Prohibitions.—(1) False statements of compliance.—It shall be unlawful for any person to knowingly submit a statement of compliance described in subsection (f) that is fraudulent or intentionally false. (2) Introduction into interstate commerce.—Unless the Administrator determines operation of an unmanned aircraft system may be conducted without an airworthiness certificate or permission, authorization, or approval under subsection (a), it shall be unlawful for any person to knowingly introduce or deliver for introduction into interstate commerce any small unmanned aircraft system that is manufactured after the date that the Administrator accepts consensus safety standards under this section unless—(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. (h) Exclusions.—The Administrator may exempt from the requirements of this section small unmanned aircraft systems that are not capable of navigating beyond the visual line of sight of the operator through advanced flight systems and technology, if the Administrator determines that such an exemption does not pose a risk to the safety of the national airspace system.

49 U.S.C. § 44806 Public unmanned aircraft systems and public safety use of tethered unmanned aircraft systems

(a) Guidance.—The Secretary of Transportation shall issue guidance regarding the operation of a public unmanned aircraft system—(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) Agreements With Government Agencies.—(1) In general.—The Secretary shall enter into an agreement with each appropriate public agency to simplify the process for issuing a certificate of waiver or a certificate of authorization with respect to an application for authorization to operate a public unmanned aircraft system in the national airspace system. (2) Contents.—An agreement under paragraph (1) shall—(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) Public Safety Use of Actively Tethered Unmanned Aircraft Systems.—(1) In general.—The Administrator of the Federal Aviation Administration shall permit, and may issue guidance regarding, the use of actively tethered unmanned aircraft systems by a public safety organization for such systems that are—(A) operated—(i) at or below an altitude of 150 feet above ground level within class B, C, D, E, or G airspace, but not at a greater altitude than the ceiling depicted on the UAS Facility Maps published by the Federal Aviation Administration, where applicable; (ii) within zero-grid airspaces as depicted on such UAS Facility Maps, only if operated in life-saving or emergency situations and with prior notification to the Administration in a manner determined by the Administrator; or (iii) above 150 feet above ground level within class B, C, D, E, or G airspace only with prior authorization from the Administrator; (B) not flown directly over non-participating persons; (C) operated within visual line of sight of the operator; and (D) operated in a manner that does not interfere with and gives way to any other aircraft. (2) Requirements.—Public actively tethered unmanned aircraft systems may be operated—(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 section 44703 of this title or any rule or regulation relating to airman certification; and (C) without requiring airworthiness certification under section 44704 of this title or any rule or regulation relating to aircraft certification. (3) Safety standards.—Actively tethered unmanned aircraft systems operated within the scope of the guidance issued pursuant to paragraph (1) shall be exempt from the requirements of section 44805 of this title. (4) Savings provision.—Nothing in this subsection shall be construed to preclude the Administrator of the Federal Aviation Administration from issuing new regulations for public actively tethered unmanned aircraft systems in order to ensure the safety of the national airspace system. (d) Federal Agency Coordination to Enhance the Public Health and Safety Capabilities of Public Unmanned Aircraft Systems.—The Administrator shall assist Federal civilian Government agencies that operate unmanned aircraft systems within civil-controlled airspace, in operationally deploying and integrating sense and avoid capabilities, as necessary to operate unmanned aircraft systems safely within the national airspace system. (e) Definition.—In this section, the term “public safety organization” means an entity that primarily engages in activities related to the safety and well-being of the general public, including law enforcement, fire departments, emergency medical services, and other organizations that protect and serve the public in matters of safety and security.

49 U.S.C. § 44807 Special authority for certain unmanned aircraft systems

(a) In General.—Notwithstanding any other requirement of this chapter or chapter 447, the Administrator of the Federal Aviation Administration shall use a risk-based approach to determine how unmanned aircraft systems may operate safely in the national airspace system notwithstanding completion of the comprehensive plan and rulemaking required by section 44802 or the guidance required by section 44806. (b) Assessment of Unmanned Aircraft Systems.—In making the determination under subsection (a), the Administrator shall determine, at a minimum—(1) how such 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 section 44704 of this title, or a certificate of waiver or certificate of authorization, is required for the operation of unmanned aircraft systems identified under paragraph (1) of this subsection. (c) Requirements for Safe Operation.—(1) In general.—In carrying out this section, the Administrator shall establish requirements, or a process to accept proposed requirements, for the safe and efficient operation of unmanned aircraft systems in the national airspace system, including operations related to testing and evaluation of proprietary systems. (2) Expedited exemptions and approvals.—The Administrator shall, taking into account the statutory mandate to ensure safe and efficient use of the national airspace system, issue approvals—(A) to enable low-risk beyond visual line of sight operations, including, at a minimum, package delivery operations, extended visual line of sight operations, or shielded operations within 100 feet of the ground or a structure; or (B) that are aligned with Administration exemptions or approvals that enable beyond visual line of sight operations with the use of acoustics, ground based radar, automatic dependent surveillance–broadcast, and other technological solutions. (3) Treatment of mitigation measures.—To the extent that an operation under this section will be conducted exclusively within the airspace of a Mode C Veil, such operation shall be treated as satisfying the requirements of section 91.113(b) of title 14, Code of Federal Regulations, if the operation employs—(A) automatic dependent surveillance–broadcast in-based detect and avoid capabilities; (B) air traffic control communication and coordination; (C) aeronautical information management systems acceptable to the Administrator, such as notices to air missions, to notify other airspace users of such operations; or (D) any other risk mitigations as set by the Administrator. (4) Rule of construction.—Nothing in this subsection shall be construed to—(A) provide an unmanned aircraft operating pursuant to this section the right of way over a manned aircraft; or (B) limit the authority of the Administrator to impose requirements, conditions, or limitations on operations conducted under this section in order to address safety concerns. (d) Sunset.—The authority under this section for the Secretary to determine if certain unmanned aircraft systems may operate safely in the national airspace system terminates effective September 30, 2033. (e) Authority.—The Administrator may exercise the authorities described in this section, including waiving applicable parts of title 14, Code of Federal Regulations, without initiating a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, to the extent consistent with aviation safety.

49 U.S.C. § 44808 Carriage of property by small unmanned aircraft systems for compensation or hire

(a) In General.—Not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator of the Federal Aviation Administration shall update existing regulations to authorize the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the United States. (b) Contents.—Any rulemaking conducted under subsection (a) shall provide for the following:(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) Small uas.—The Secretary may amend part 298 of title 14, Code of Federal Regulations, to update existing regulations to establish economic authority for the carriage of property by small unmanned aircraft systems for compensation or hire. Such authority shall only require—(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) Availability of current certification processes.—Pending completion of the rulemaking required in subsection (a) of this section, a person may seek an air carrier operating certificate and certificate of public convenience and necessity, or an exemption from such certificate, using existing processes.

49 U.S.C. § 44809 Exception for limited recreational operations of unmanned aircraft

(a) In General.—Except as provided in subsection (e), and notwithstanding chapter 447 of title 49, United States Code, a person may operate a small unmanned aircraft without specific certification or operating authority from the Federal Aviation Administration if the operation adheres to all of the following limitations:(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) Except for circumstances when the Administrator establishes alternative altitude ceilings or as otherwise authorized in section (c), 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 and flight restrictions and prohibitions established under this subtitle, such as special use airspace designations and temporary flight restrictions. (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 chapter 441 of this title and proof of registration is made available to the Administrator or a designee of the Administrator or law enforcement upon request. (b) Other Operations.—Unmanned aircraft operations that do not conform to the limitations in subsection (a) must comply with all statutes and regulations generally applicable to unmanned aircraft and unmanned aircraft systems. (c) Operations at Fixed Sites.—(1) In general.—The Administrator shall establish a process to approve, and publicly disseminate the location of, fixed sites at which a person may carry out recreational unmanned aircraft system operations. (2) Operating procedures.—(A) Controlled airspace.—Persons operating unmanned aircraft under paragraph (1) from a fixed site within 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, or a community-based organization sponsoring operations within such airspace, shall make the location of the fixed site known to the Administrator and shall establish a mutually agreed upon operating procedure with the air traffic control facility. (B) Altitude.—The Administrator, in coordination with community-based organizations sponsoring operations at fixed sites, shall develop a process to approve requests for recreational unmanned aircraft systems operations at fixed sites that exceed the maximum altitude contained in a UAS Facility Map published by the Federal Aviation Administration. (C) Uncontrolled airspace.—Subject to compliance with all airspace and flight restrictions and prohibitions established under this subtitle, including special use airspace designations and temporary flight restrictions, persons operating unmanned aircraft systems from a fixed site designated under the process described in paragraph (1) may operate within Class G airspace—(i) up to 400 feet above ground level, without prior authorization from the Administrator; and (ii) above 400 feet above ground level, with prior authorization from the Administrator. (3) Unmanned aircraft weighing 55 pounds or greater.—A person may operate an unmanned aircraft weighing 55 pounds or greater, including the weight of anything attached to or carried by the aircraft, if—(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). (4) FAA-recognized identification areas.—In implementing subpart C of part 89 of title 14, Code of Federal Regulations, the Administrator shall prioritize the review and adjudication of requests to establish FAA Recognized Identification Areas at fixed sites established under this section. (d) Savings clause.—Nothing in this subsection shall be construed as expanding the authority of the Administrator to require a person operating an unmanned aircraft under this section to seek permissive authority of the Administrator, beyond that required in this section, prior to operation in the national airspace system. (e) Statutory Construction.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement action against a person operating any unmanned aircraft who endangers the safety of the national airspace system. (f) Exceptions.—Nothing in this section prohibits the Administrator from promulgating rules generally applicable to unmanned aircraft, including those unmanned aircraft eligible for the exception set forth in this section, relating to—(1) 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) Aeronautical Knowledge and Safety Test.—(1) In general.—The Administrator, in consultation with manufacturers of unmanned aircraft systems, community-based organizations, and other industry stakeholders, shall develop, maintain, and update, as necessary, an aeronautical knowledge and safety test. Such test shall be administered electronically by the Administrator or a person designated by the Administrator. (2) Requirements.—The Administrator shall ensure the aeronautical knowledge and safety test is designed to adequately demonstrate an operator’s—(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) Community-based Organization Defined.—In this section, the term “community-based organization” means a membership-based association entity that—(1) is recognized by the Administrator of the Federal Aviation Administration; (2) is described in section 501(c)(3) of the Internal Revenue Code of 1986; (3) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986; (4) the mission of which is demonstrably the furtherance of model aviation; (5) 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; (6) provides programming and support for any local charter organizations, affiliates, or clubs; and (7) provides assistance and support in the development and operation of locally designated model aircraft flying sites. (i) Recognition of Community-based Organizations.—In collaboration with aeromodelling stakeholders, the Administrator shall publish an advisory circular within 180 days of the date of enactment of this section that identifies the criteria and process required for recognition of community-based organizations.

49 U.S.C. § 44810 Airport safety and airspace hazard mitigation and enforcement

(a) Coordination.—The Administrator of the Federal Aviation Administration shall work with the Secretary of Defense, the Secretary of Homeland Security, and the heads of other relevant Federal departments and agencies for the purpose of ensuring that technologies or systems that are developed, tested, or deployed by Federal departments and agencies to detect and mitigate potential risks posed by errant or hostile unmanned aircraft system operations do not adversely impact or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. (b) Plan.—(1) In general.—The Administrator shall develop a plan for the certification, permitting, authorizing, or allowing of the deployment of technologies or systems for the detection and mitigation of unmanned aircraft systems. (2) Contents.—The plan shall provide for the development of policies, procedures, or protocols that will allow appropriate officials of the Federal Aviation Administration to utilize such technologies or systems to take steps to detect and mitigate potential airspace safety risks posed by unmanned aircraft system operations. (3) Aviation rulemaking committee.—The Administrator shall charter an aviation rulemaking committee to make recommendations for such a plan and any standards that the Administrator determines may need to be developed with respect to such technologies or systems. The Federal Advisory Committee Act (5 U.S.C. App.) 11 See References in Text note below. shall not apply to an aviation rulemaking committee chartered under this paragraph. (4) Non-delegation.—The plan shall not delegate any authority granted to the Administrator under this section to other Federal, State, local, territorial, or tribal agencies, or an airport sponsor, as defined in section 47102 of title 49, United States Code. (c) Airspace Hazard Mitigation Program.—In order to test and evaluate technologies or systems that detect and mitigate potential aviation safety risks posed by unmanned aircraft, the Administrator shall deploy such technologies or systems at 5 airports, including 1 airport that ranks in the top 10 of the FAA’s most recent Passenger Boarding Data, and any other location the Administrator determines appropriate. (d) Authority.—Under the testing and evaluation in subsection (c), the Administrator shall use unmanned aircraft detection and mitigation systems to detect and mitigate the unauthorized operation of an unmanned aircraft that poses a risk to aviation safety. (e) Aip Funding Eligibility.—Upon the certification, permitting, authorizing, or allowing of such technologies and systems that have been successfully tested under this section, an airport sponsor may apply for a grant under subchapter I of chapter 471 to purchase an unmanned aircraft detection and mitigation system. For purposes of this subsection, purchasing an unmanned aircraft detection and mitigation system shall be considered airport development (as defined in section 47102). (f) Briefing.—The Administrator shall annually brief the appropriate committees of Congress, including the Committee on Judiciary 22 So in original. Probably should be preceded by “the”. of the House of Representatives and the Committee on the Judiciary of the Senate, on the implementation of this section. (g) Applicability of Other Laws.—Section 46502 of this title, section 32 of title 18, United States Code (commonly known as the Aircraft Sabotage Act), section 1031 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act of 1986),1 sections 2510–2522 of title 18, United States Code (commonly known as the Wiretap Act), and sections 3121–3127 of title 18, United States Code (commonly known as the Pen/Trap Statute), shall not apply to activities authorized by the Administrator pursuant to subsection 33 So in original. Probably should be “subsections”. (c) and (d). (h) Sunset.—This section ceases to be effective September 30, 2028. (i) Non-delegation.—The Administrator shall not delegate any authority granted to the Administrator under this section to other Federal, State, local, territorial, or tribal agencies, or an airport sponsor, as defined in section 47102 of title 49, United States Code. The Administrator may partner with other Federal agencies under this section, subject to any restrictions contained in such agencies’ authority to operate counter unmanned aircraft systems.

49 U.S.C. § 44811 Beyond visual line of sight operations for unmanned aircraft systems

(a) Proposed Rule.—Not later than 4 months after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall issue a notice of proposed rulemaking establishing a performance-based regulatory pathway for unmanned aircraft systems (in this section referred to as “UAS”) to operate beyond visual line of sight (in this section referred to as “BVLOS”). (b) Requirements.—The proposed rule required under subsection (a) shall, at a minimum, establish the following:(1) Acceptable levels of risk for BVLOS UAS operations, including the levels developed pursuant to section 931 of the FAA Reauthorization Act of 2024. (2) Standards for remote pilots or UAS operators for BVLOS operations, taking into account varying levels of automated control and management of UAS flights. (3) An approval or acceptance process for UAS and associated elements (as defined by the Administrator), which may leverage the creation of a special airworthiness certificate or a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance. Such process—(A) shall not require, but may allow for, the use of type or production certification; (B) shall consider the airworthiness of any UAS that—(i) is within a maximum gross weight or kinetic energy, as determined by the Administrator; and (ii) operates within a maximum speed limit as determined by the Administrator; (C) may require such systems to operate in the national airspace system at altitude limits determined by the Administrator; and (D) may require such systems to operate at standoff distances from the radius of a structure or the structure’s immediate uppermost limit, as determined by the Administrator. (4) Operating rules for UAS that have been approved or accepted as described in paragraph (3). (5) Protocols, if appropriate, for networked information exchange, such as network-based remote identification, in support of BVLOS operations. (6) The safety of manned aircraft operating in the national airspace system and consider the maneuverability and technology limitations of certain aircraft, including hot air balloons. (c) Final Rule.—Not later than 16 months after publishing the proposed rule under subsection (a), the Administrator shall issue a final rule based on such proposed rule. (d) Savings Clause.—Nothing in this section shall be construed to require the agency to rescope any rulemaking efforts related to UAS BVLOS operations that are ongoing as of the date of enactment of the FAA Reauthorization Act of 2024.

49 U.S.C. § 44812 Temporary flight restrictions for unmanned aircraft

(a) In General.—(1) Temporary flight restrictions.—The Administrator of the Federal Aviation Administration shall, upon the request by an eligible entity, temporarily restrict unmanned aircraft operations over eligible large public gatherings. (2) Denial.—Notwithstanding paragraph (1), the Administrator may deny a request for a temporary flight restriction sought under paragraph (1) if—(A) the temporary flight restriction would be inconsistent with aviation safety or security, would create a hazard to people or property on the ground, or would unnecessarily interfere with the efficient use of the airspace; (B) the entity seeking the temporary flight restriction does not comply with the requirements in subsection (b); (C) the eligibility requirements in subsections (c) and (d) have not been met; (D) a flight restriction exists to the airspace overlying the same location as the temporary flight restriction sought under this section; or (E) the Administrator determines appropriate for any other reason. (b) Requirements.—(1) Advance notice.—Eligible entities may only request a temporary flight restriction under subsection (a) not less than 30 calendar days prior to the eligible large public gathering. (2) Required information.—Eligible entities seeking a temporary flight restriction under this section shall provide the Administrator with all relevant information, including the following:(A) Geographic boundaries of the stadium or other venue hosting the eligible large public gathering, as applicable. (B) The dates and anticipated starting and ending times for the large public gathering. (C) Points of contact for the requesting eligible entity and the on-scene incident command responsible for securing the large public gathering. (D) Any other information the Administrator considers necessary to establish the restriction. (c) Eligible Large Public Gatherings.—(1) In general.—To be eligible for a temporary flight restriction under this section, large public gatherings hosted in a stadium or other venue shall—(A) be hosted in a stadium or other venue that—(i) has previously hosted events qualifying for the application of special security instructions in accordance with section 521 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (Public Law 108–199); 11 See References in Text note below. and (ii) is not enclosed; (B) have an estimated attendance of at least 30,000 people; and (C) be advertised in the public domain. (2) Additional gatherings.—To be eligible for a temporary flight restriction under this section, large public gatherings hosted in a venue other than a stadium or other venue described in paragraph (1)(A) shall—(A) have an estimated attendance of at least 100,000 people; (B) be primarily outdoors; (C) have a defined and static geographical boundary; and (D) be advertised in the public domain. (d) Eligible Entities.—An entity eligible to request a temporary flight restriction under subsection (a) shall be a credentialed law enforcement organization of the Federal Government or a State, local, Tribal, or territorial government. (e) Timeliness.—The Administrator shall make every practicable effort to assess eligibility and establish temporary flight restrictions under subsection (a) in a timely fashion. (f) Public Information.—Any temporary flight restriction designated under this section shall be published by the Administrator in a publicly accessible manner at least 2 days prior to the start of the eligible large public gathering. (g) Prohibition on Operations.—No person may operate an unmanned aircraft within a temporary flight restriction established under this section unless—(1) the Administrator authorizes the operation for operational or safety purposes; (2) the operation is being conducted for safety, security, or compliance oversight purposes and is authorized by the Administrator; or (3) the aircraft operation is conducted with the approval of the eligible entity. (h) Savings Clause.—Nothing in this section may be construed as prohibiting the Administrator from authorizing the operation of an aircraft, including an unmanned aircraft system, over, under, or within a specified distance from an eligible large public gathering for which a temporary flight restriction has been established under this section or cancelling a temporary flight restriction established under this section. (i) Rule of Construction.—Nothing in this section shall be construed to prevent the Administrator from using existing processes or procedures to meet the intent of this section.

49 U.S.C. § 44813 Center of Excellence for Unmanned Aircraft Systems

(a) In General.—The Administrator of the Federal Aviation Administration shall continue operation of the Center of Excellence for Unmanned Aircraft Systems (referred to in this section as the “Center”). (b) Responsibilities.—The Center shall carry out the following responsibilities:(1) Conduct applied research and training on the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (2) Promote and facilitate collaboration among academia, the Federal Aviation Administration, Federal agency partners, and industry stakeholders (including manufacturers, operators, service providers, standards development organizations, carriers, and suppliers), with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (3) Establish goals set to advance technology, improve engineering practices, and facilitate continuing education with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (c) Program Participation.—The Administrator shall ensure the participation in the Center of institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and research institutions that provide accredited bachelor’s degree programs in aeronautical sciences that provide pathways to commercial pilot certifications and that include a focus on pilot training for women aviators. (d) Leveraging of Certain Capacity and Capabilities.—The Administrator shall, in carrying out research necessary to validate consensus safety standards accepted pursuant to section 44805, to the maximum extent practicable, leverage the research and testing capacity and capabilities of—(1) the Center; (2) the test ranges designated under section 44803; (3) existing Federal and non-Federal test ranges and testbeds; (4) the National Aeronautics and Space Administration; and (5) the William J. Hughes Technical Center for Advanced Aerospace.

49 U.S.C. § 44814 ASSUREd Safe credentialing authority

(a) In General.—Not later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish a credentialing authority for the program of record of the Federal Aviation Administration (referred to in this section as “ASSUREd Safe”) under the Center of Excellence for Unmanned Aircraft Systems. (b) Purposes.—ASSUREd Safe shall offer services throughout the United States, and to allies and partners of the United States, including—(1) online and in-person standards, education, and testing for the use of unmanned aircraft systems by first responders for emergency and disaster management operations; (2) uniform communications standards, operational standards, and reporting standards for civilian, military, and international allies and partners; and (3) any other relevant standards development related to operation of unmanned aircraft systems, as determined appropriate by the Administrator. (c) Coordination.—The Administrator shall ensure that the Center of Excellence for Unmanned Aircraft Systems coordinates with the National Institute of Standards and Technology and the Federal Emergency Management Agency on establishment of ASSUREd Safe, and on any services offered by ASSUREd Safe.

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