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

Federal law — U.S. Code and appendices · legal_authorities

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

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Source file: Laws/federal/codes/united-states-code/title-49/section-44802-integration-of-civil-unmanned-aircraft-systems-into-national-airspace-sy--32ef429dda.md
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Source location: Title 49, Chapter 448, § 44802; chapter-448-unmanned-aircraft-systems.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40102 — Definitions

**(a) General Definitions.—** In this part— (1) “aeronautics” means the science and art of flight. (2) “air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation. (3) “air commerce” means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or the operation of aircraft that directly affects, or may endanger safety in, foreign or interstate air commerce. (4) “air navigation facility” means a facility used, available for use, or designed for use, in aid of air navigation, including— (A) a landing area; (B) runway lighting and airport surface visual and other navigation aids; (C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft; (D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications; (E) any structure, equipment, or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft; and (F) buildings, equipment, and systems dedicated to the national airspace system. (5) “air transportation” means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft. (6) “aircraft” means any contrivance invented, used, or designed to navigate, or fly in, the air. (7) “aircraft engine” means an engine used, or intended to be used, to propel an aircraft, including a part, appurtenance, and accessory of the engine, except a propeller. (8) “airman” means an individual— (A) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way; (B) exce

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44502 — General facilities and personnel authority

**(a) General Authority.—** (1) The Administrator of the Federal Aviation Administration may— (A) acquire, establish, improve, operate, and maintain air navigation facilities; and (B) provide facilities and personnel to regulate and protect air traffic. (2) The cost of site preparation work associated with acquiring, establishing, or improving an air navigation facility under paragraph (1)(A) of this subsection shall be charged to amounts available for that purpose appropriated under [section 48101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section48101/a&num=0&edition=prelim). The Secretary of Transportation may make an agreement with an airport owner or sponsor (as defined in [section 47102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47102&num=0&edition=prelim)) so that the owner or sponsor will provide the work and be paid or reimbursed by the Secretary from the appropriated amounts. (3) The Secretary of Transportation may authorize a department, agency, or instrumentality of the United States Government to carry out any duty or power under this subsection with the consent of the head of the department, agency, or instrumentality. (4) **Purchase of instrument landing system.—** (A) *Establishment of program.—* — The Secretary shall purchase precision approach instrument landing system equipment for installation at airports on an expedited basis. (B) *Authorization.—* — No less than $30,000,000 of the amounts appropriated under section 48101(a) for each of fiscal years 2000 through 2002 shall be used for the purpose of carrying out this paragraph, including acquisition under new or existing contracts, site preparation work, installation, and related expenditures.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2339D — Receiving military-type training from a foreign terrorist organization

**(a) Offense.—** Whoever knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (c)(4)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989). **(b) Extraterritorial Jurisdiction.—** There is extraterritorial Federal jurisdiction over an offense under this section. There is jurisdiction over an offense under subsection (a) if— (1) an offender is a national of the United States (as defined in 11 So in original. The word “section” probably should appear after “in”. 101(a)(22) of the Immigration and Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act); (2) an offender is a stateless person whose habitual residence is in the United States; (3) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States; (4) the offense occurs in whole or in part within the United States; (5) the offense occurs in or affects interstate or foreign commerce; or (6) an offender aids or abets any person over whom

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40101 — Policy

**(a) Economic Regulation.—** In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity: (1) assigning and maintaining safety as the highest priority in air commerce. (2) before authorizing new air transportation services, evaluating the safety implications of those services. (3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public. (4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices. (5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions. (6) placing maximum reliance on competitive market forces and on actual and potential competition— (A) to provide the needed air transportation system; and (B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation. (7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of— (A) the

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40101

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552a — Records maintained on individuals

**(a) Definitions.—** For purposes of this section— (1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title; (2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence; (3) the term “maintain” includes maintain, collect, use, or disseminate; (4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph; (5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; (6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim); (7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected; (8) the term “matching program”— (A) means any computerized comparison of— (i) two or more automated systems of records or a system of records with non-Federal records for the purpose

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 46320 — Interference with wildfire suppression, law enforcement, or emergency response effort by operation of unmanned aircraft

**(a) In General.—** Except as provided in subsection (b), an individual who operates an unmanned aircraft and in so doing knowingly or recklessly interferes with a wildfire suppression, law enforcement, or emergency response effort is liable to the United States Government for a civil penalty of not more than $20,000. **(b) Exceptions.—** This section does not apply to the operation of an unmanned aircraft conducted by a unit or agency of the United States Government or of a State, tribal, or local government (including any individual conducting such operation pursuant to a contract or other agreement entered into with the unit or agency) for the purpose of protecting the public safety and welfare, including firefighting, law enforcement, or emergency response. **(c) Compromise and Setoff.—** (1) **Compromise.—** — The United States Government may compromise the amount of a civil penalty imposed under this section. (2) **Setoff.—** — The United States Government may deduct the amount of a civil penalty imposed or compromised under this section from the amounts the Government owes the person liable for the penalty. **(d) Definitions.—** In this section, the following definitions apply: (1) **Wildfire.—** — The term “wildfire” has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act ([42 U.S.C. 1856m](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1856m&num=0&edition=prelim)). (2) **Wildfire suppression.—** — The term “wildfire suppression” means an effort to contain, extinguish, or suppress a wildfire.

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Federal law — U.S. Code and appendices · legal_authorities

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44801

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 46301 — Civil penalties

**(a) General Penalty.—** (1) A person is liable to the United States Government for a civil penalty of not more than $75,000 (or $1,100 if the person is an individual or small business concern) for violating— (A) chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117), chapter 411, chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714), chapter 419, subchapter II or III of chapter 421, chapter 423 (except section 42306), chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 448, chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), chapter 451, section 47107(a)(22) (including any assurance made under such section), section 47107(b) (including any assurance made under such section), or [section 47133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47133&num=0&edition=prelim); (B) a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies; (C) any term of a certificate or permit issued under section 41102, 41103, or 41302 of this title; or (D) a regulation of the United States Postal Service under this part. (2) A separate violation occurs under this subsection for each day the violation (other than a violation of section 41719) continues or, if applicable, for each flight involving the violation (other than a violation of section 41719). (3) **Penalty for diversion of aviation revenues.—** — The amount of a civil penalty assessed under this section for a violation of [section 47107(b) of this title](https://usc

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Federal law — U.S. Code and appendices · legal_authorities

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 fee

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40103 — Sovereignty and use of airspace

**(a) Sovereignty and Public Right of Transit.—** (1) The United States Government has exclusive sovereignty of airspace of the United States. (2) A citizen of the United States has a public right of transit through the navigable airspace. To further that right, the Secretary of Transportation shall consult with the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 ([29 U.S.C. 792](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section792&num=0&edition=prelim)) before prescribing a regulation or issuing an order or procedure that will have a significant impact on the accessibility of commercial airports or commercial air transportation for individuals with disabilities. **(b) Use of Airspace.—** (1) The Administrator of the Federal Aviation Administration shall develop plans and policy for the use of the navigable airspace and assign by regulation or order the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. The Administrator may modify or revoke an assignment when required in the public interest. (2) The Administrator shall prescribe air traffic regulations on the flight of aircraft (including regulations on safe altitudes) for— (A) navigating, protecting, and identifying aircraft; (B) protecting individuals and property on the ground; (C) using the navigable airspace efficiently; and (D) preventing collision between aircraft, between aircraft and land or water vehicles, and between aircraft and airborne objects. (3) To establish security provisions that will encourage and allow maximum use of the navigable airspace by civil aircraft consistent with national security, the Administrator, in consultation with th

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