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49 U.S.C. § 44801 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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
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Source location: Title 49, Chapter 448, § 44801; chapter-448-unmanned-aircraft-systems.md
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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.”
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44502
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter—
(1) “commerce” means trade or transportation in the jurisdiction of the United States—
(A) between a place in a State and a place outside of the State;
(B) that affects trade or transportation between a place in a State and a place outside of the State; or
(C) on a United States-registered aircraft.
(2) “hazardous material” means a substance or material the Secretary designates under [section 5103(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5103/a&num=0&edition=prelim).
(3) “hazmat employee”—
(A) means an individual—
(i) who—
(I) is employed on a full time, part time, or temporary basis by a hazmat employer; or
(II) is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous material in commerce; and
(ii) who during the course of such full time, part time, or temporary employment, or such self employment, directly affects hazardous material transportation safety as the Secretary decides by regulation; and
(B) includes an individual, employed on a full time, part time, or temporary basis by a hazmat employer, or self employed, who during the course of employment—
(i) loads, unloads, or handles hazardous material;
(ii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
(iii) prepares hazardous material for transportation;
(iv) is responsible for the safety of transporting hazardous material; or
(v) operates a vehicle used to transport hazardous material.
(4) “hazmat employer”—
(A) mean
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5102
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format—
(A) final opinions, including concurring and dissen
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
**(a) Standards and Regulations.—**
(1)
(A) To relieve and protect the public health and welfare from aircraft noise and sonic boom, the Administrator of the Federal Aviation Administration, as he deems necessary, shall prescribe—
(i) standards to measure aircraft noise and sonic boom; and
(ii) regulations to control and abate aircraft noise and sonic boom.
(B) The Administrator, as the Administrator deems appropriate, shall provide for the participation of a representative of the Environmental Protection Agency on such advisory committees or associated working groups that advise the Administrator on matters related to the environmental effects of aircraft and aircraft engines.
(2) The Administrator of the Federal Aviation Administration may prescribe standards and regulations under this subsection only after consulting with the Administrator of the Environmental Protection Agency. The standards and regulations shall be applied when issuing, amending, modifying, suspending, or revoking a certificate authorized under this chapter.
(3) An original type certificate may be issued under [section 44704(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44704/a&num=0&edition=prelim) for an aircraft for which substantial noise abatement can be achieved only after the Administrator of the Federal Aviation Administration prescribes standards and regulations under this section that apply to that aircraft.
**(b) Considerations and Consultation.—** When prescribing a standard or regulation under this section, the Administrator of the Federal Aviation Administration shall—
(1) consider relevant information related to aircraft noise and sonic boom;
(2) consult with appropriate departments, agencies, and instrumentalities
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44715
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Federal law — U.S. Code and appendices · legal_authorities
**(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 n
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44807
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40101&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40101&num=0&edition=prelim) 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 pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44803
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Notwithstanding [section 46502 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section46502&num=0&edition=prelim), or section 32, 1030, or 1367 or chapter 119 or 206 of title 18, the Secretary of Defense may take, and may authorize members of the armed forces and officers, civilian employees, and contractors of the Department of Defense with assigned duties that include safety, security, or protection of personnel, facilities, or assets, to take, such actions described in subsection (b)(1) that are necessary to mitigate the threat (as defined by the Secretary of Defense, in consultation with the Secretary of Transportation) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset.
**(b) Actions Described.—**
(1) The actions described in this paragraph are the following:
(A) Detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft system or unmanned aircraft.
(B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, and electromagnetic means, including through the use of remote identification broadcast or other means.
(C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 130i
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