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

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

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

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Stable record: federal_law:legal_authorities:record_usc_977c52b611a471915552ff7c
Source file: Laws/federal/codes/united-states-code/title-49/section-44807-special-authority-for-certain-unmanned-aircraft-systems--e9dbe3ca34.md
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Source location: Title 49, Chapter 448, § 44807; chapter-448-unmanned-aircraft-systems.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44704&num=0&edition=prelim), 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.

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

49 U.S.C. § 44704 — Type certificates, production certificates, airworthiness certificates, and design and production organization certificates

**(a) Type Certificates.—** (1) **Issuance, investigations, and tests.—** — The Administrator of the Federal Aviation Administration shall issue a type certificate for an aircraft, aircraft engine, or propeller, or for an appliance specified under paragraph (2)(A) of this subsection when the Administrator finds that the aircraft, aircraft engine, propeller, or appliance is properly designed and manufactured, performs properly, and meets the regulations and minimum standards prescribed under [section 44701(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44701/a&num=0&edition=prelim). On receiving an application for a type certificate, the Administrator shall investigate the application and may conduct a hearing. The Administrator shall make, or require the applicant to make, tests the Administrator considers necessary in the interest of safety. (2) **Specifications.—** — The Administrator may— (A) specify in regulations those appliances that reasonably require a type certificate in the interest of safety; (B) include in a type certificate terms required in the interest of safety; and (C) record on the certificate a numerical specification of the essential factors related to the performance of the aircraft, aircraft engine, or propeller for which the certificate is issued. (3) **Special rules for new aircraft and appliances.—** — Except as provided in paragraph (4), if the holder of a type certificate agrees to permit another person to use the certificate to manufacture a new aircraft, aircraft engine, propeller, or appliance, the holder shall provide the other person with written evidence, in a form acceptable to the Administrator, of that agreement. Such other person may manufacture a new aircraft, aircraft engin

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44704

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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

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44802

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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. § 44807 — Special authority for certain unmanned

Page 1420 TITLE 49—TRANSPORTATION § 44807 (C) without requiring airworthiness cer- tification 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 re- quirements of section 44805 of this title. (4) SAVINGS PROVISION.—Nothing in this sub- section shall be construed to preclude the Ad- ministrator of the Federal Aviation Adminis- tration from issuing new regulations for pub- lic actively tethered unmanned aircraft sys- tems in order to ensure the safety of the na- tional airspace system. (d) FEDERAL AGENCY COORDINATION TO EN- HANCE THE PUBLIC HEALTH AND SAFETY CAPABILI- TIES OF PUBLIC UNMANNED AIRCRAFT SYSTEMS.— The Administrator shall assist Federal civilian Government agencies that operate unmanned aircraft systems within civil-controlled air- space, in operationally deploying and inte- grating sense and avoid capabilities, as nec- essary 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 organiza- tions that protect and serve the public in mat- ters of safety and security. (Added Pub. L. 115–254, div. B, title III, § 346(a), Oct. 5, 2018, 132 Stat. 3294; amended Pub. L. 118–63, title IX, § 926(a), May 16, 2024, 138 Stat. 1360.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in subsecs. (a) and (b) of this section were contained in sect

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 44807

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