Collapse to view only § 44809. Exception for limited recreational operations of unmanned aircraft
- § 44801. Definitions
- § 44802. Integration of civil unmanned aircraft systems into national airspace system
- § 44803. Unmanned aircraft test ranges
- § 44804. Small unmanned aircraft in the Arctic
- § 44805. Small Unmanned
- § 44806. Public unmanned aircraft systems
- § 44807. Special authority for certain unmanned aircraft systems
- § 44808. Carriage of property by small unmanned aircraft systems for compensation or hire
- § 44809. Exception for limited recreational operations of unmanned aircraft
- § 44810. Airport safety and airspace hazard mitigation and enforcement
§ 44801. DefinitionsIn 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 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)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 any of the 6 test ranges established by the Administrator under 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, and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009.
(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.”
(Added Pub. L. 115–254, div. B, title III, § 341(a), Oct. 5, 2018, 132 Stat. 3284.)
§ 44802. Integration of civil unmanned aircraft systems into national airspace system
(a)Required Planning for Integration.—
(1)Comprehensive plan.—Not later than November 10, 2012,1
1 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.
(Added Pub. L. 115–254, div. B, title III, § 341(a), Oct. 5, 2018, 132 Stat. 3285.)
§ 44803. Unmanned aircraft test ranges
(a)In General.—The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of the test ranges to facilitate the safe integration of unmanned aircraft systems into the national airspace system.
(b)Program Requirements.—In carrying out the program under subsection (a), the Administrator shall—
(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
1 So in original. Probably should be followed by “and”.
(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)Waivers.—In carrying out this section the Administrator may waive the requirements of section 44711 of title 49, United States Code, including related regulations, to the extent consistent with aviation safety.
(d)Review of Operations by Test Range Operators.—The operator of each test range under subsection (a) shall—
(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)Testing.—The Secretary of Transportation may authorize an operator of a test range described in subsection (a) to administer testing requirements established by the Administrator for unmanned aircraft systems operations.
(f)Collaborative Research and Development Agreements.—The Administrator may use the other transaction authority under section 106(l)(6) and enter into collaborative research and development agreements, to direct research related to unmanned aircraft systems, including at any test range under subsection (a), and in coordination with the Center of Excellence for Unmanned Aircraft Systems.
(g)Use of Center of Excellence for Unmanned Aircraft Systems.—The Administrator, in carrying out research necessary to implement the consensus safety standards requirements in section 44805 shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and the test ranges.
(h)Termination.—The program under this section shall terminate on May 10, 2024.
(Added Pub. L. 115–254, div. B, title III, § 343(a), Oct. 5, 2018, 132 Stat. 3288; amended Pub. L. 118–15, div. B, title II, § 2202(b), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, § 102(b), Dec. 26, 2023, 137 Stat. 1113; Pub. L. 118–41, title I, § 102(b), Mar. 8, 2024, 138 Stat. 21.)
§ 44804. Small 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 small 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 small 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 small unmanned aircraft in the designated permanent areas in the Arctic without regard to whether the small 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).
(Added Pub. L. 115–254, div. B, title III, § 344(a), Oct. 5, 2018, 132 Stat. 3290.)
§ 44805. Small Unmanned 1
1 So in original. Probably should not be capitalized.
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 small 2
2 So in original. Probably should be preceded by “a”.
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.
(e)3
3 So in original. There are no subsecs. (c) and (d).
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.
(f)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 (h).
(g)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 (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)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.
(i)Prohibitions.—
(1)False statements of compliance.—It shall be unlawful for any person to knowingly submit a statement of compliance described in subsection (h) 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.
(j)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.
(Added Pub. L. 115–254, div. B, title III, § 345(a), Oct. 5, 2018, 132 Stat. 3291.)
§ 44806. Public 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 Actively Tethered Unmanned Aircraft Systems.—
(1)In general.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall permit the use of, and may issue guidance regarding, the use of public actively tethered unmanned aircraft systems that are—
(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)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.—Public 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.
(Added Pub. L. 115–254, div. B, title III, § 346(a), Oct. 5, 2018, 132 Stat. 3294.)
§ 44807. Special authority for certain unmanned aircraft systems
(a)In General.—Notwithstanding any other requirement of this chapter, the Secretary of Transportation shall use a risk-based approach to determine if certain 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 Secretary shall determine, at a minimum—
(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 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.—If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system, including operation related to research, development, and testing of proprietary systems.
(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 May 10, 2024.
(Added Pub. L. 115–254, div. B, title III, § 347(a), Oct. 5, 2018, 132 Stat. 3296; amended Pub. L. 118–15, div. B, title II, § 2202(c), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, § 102(c), Dec. 26, 2023, 137 Stat. 1113; Pub. L. 118–41, title I, § 102(c), Mar. 8, 2024, 138 Stat. 21.)
§ 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.
(Added Pub. L. 115–254, div. B, title III, § 348(a), Oct. 5, 2018, 132 Stat. 3297.)
§ 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) 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 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)Operating procedure required.—Persons operating unmanned aircraft under subsection (a) 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 conducting a sanctioned event 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.
(2)Unmanned aircraft weighing more than 55 pounds.—A person may operate an unmanned aircraft weighing more than 55 pounds, including the weight of anything attached to or carried by the aircraft, under subsection (a) 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).
(d)Updates.—
(1)In general.—The Administrator, in consultation with government, stakeholders, and community-based organizations, shall initiate a process to periodically update the operational parameters under subsection (a), as appropriate.
(2)Considerations.—In updating an operational parameter under paragraph (1), the Administrator shall consider—
(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)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 subsection (a) of 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) 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)Aeronautical Knowledge and Safety Test.—
(1)In general.—Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with manufacturers of unmanned aircraft systems, other industry stakeholders, and community-based organizations, shall develop an aeronautical knowledge and safety test, which can then be administered electronically by the Administrator, a community-based organization, 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 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)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.
(Added Pub. L. 115–254, div. B, title III, § 349(a), Oct. 5, 2018, 132 Stat. 3298.)
§ 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.) 1
1 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.
(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 2
2 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 3
3 So in original. Probably should be “subsections”.
(c) and (d).(h)Sunset.—This section ceases to be effective May 10, 2024.
(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.
(Added Pub. L. 115–254, div. B, title III, § 383(a), Oct. 5, 2018, 132 Stat. 3321; amended Pub. L. 118–15, div. B, title II, § 2202(d), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, § 102(d), Dec. 26, 2023, 137 Stat. 1113; Pub. L. 118–41, title I, § 102(d), Mar. 8, 2024, 138 Stat. 21.)