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

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

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Source file: Laws/federal/codes/united-states-code/title-49/section-44806-public-unmanned-aircraft-systems-and-public-safety-use-of-tethered-unman--38f3556886.md
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Source location: Title 49, Chapter 448, § 44806; chapter-448-unmanned-aircraft-systems.md

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**(a) Guidance.—** The Secretary of Transportation shall issue guidance regarding the operation of a public unmanned aircraft system— (1) to streamline and expedite the process for the issuance of a certificate of authorization or a certificate of waiver; (2) to facilitate the capability of public agencies to develop and use test ranges, subject to operating restrictions required by the Federal Aviation Administration, to test and operate public unmanned aircraft systems; and (3) to provide guidance on a public agency’s responsibilities when operating an unmanned aircraft without a civil airworthiness certificate issued by the Administration. **(b) Agreements With Government Agencies.—** (1) **In general.—** — The Secretary shall enter into an agreement with each appropriate public agency to simplify the process for issuing a certificate of waiver or a certificate of authorization with respect to an application for authorization to operate a public unmanned aircraft system in the national airspace system. (2) **Contents.—** — An agreement under paragraph (1) shall— (A) with respect to an application described in paragraph (1)— (i) provide for an expedited review of the application; (ii) require a decision by the Administrator on approval or disapproval not later than 60 business days after the date of submission of the application; and (iii) allow for an expedited appeal if the application is disapproved; (B) allow for a one-time approval of similar operations carried out during a fixed period of time; and (C) allow a government public safety agency to operate an unmanned aircraft weighing 4.4 pounds or less if that unmanned aircraft is operated— (i) within or beyond the visual line of sight of the operator; (ii) less than 400 feet above the ground; (iii) during daylight conditions; (iv) within Class G airspace; and (v) outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities. **(c) Public Safety Use of Actively Tethered Unmanned Aircraft Systems.—** (1) **In general.—** — The Administrator of the Federal Aviation Administration shall permit, and may issue guidance regarding, the use of actively tethered unmanned aircraft systems by a public safety organization for such systems that are— (A) operated— (i) at or below an altitude of 150 feet above ground level within class B, C, D, E, or G airspace, but not at a greater altitude than the ceiling depicted on the UAS Facility Maps published by the Federal Aviation Administration, where applicable; (ii) within zero-grid airspaces as depicted on such UAS Facility Maps, only if operated in life-saving or emergency situations and with prior notification to the Administration in a manner determined by the Administrator; or (iii) above 150 feet above ground level within class B, C, D, E, or G airspace only with prior authorization from the Administrator; (B) not flown directly over non-participating persons; (C) operated within visual line of sight of the operator; and (D) operated in a manner that does not interfere with and gives way to any other aircraft. (2) **Requirements.—** — Public actively tethered unmanned aircraft systems may be operated— (A) without any requirement to obtain a certificate of authorization, certificate of waiver, or other approval by the Federal Aviation Administration; (B) without requiring airman certification under [section 44703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44703&num=0&edition=prelim) or any rule or regulation relating to airman certification; and (C) without requiring airworthiness certification under [section 44704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44704&num=0&edition=prelim) or any rule or regulation relating to aircraft certification. (3) **Safety standards.—** — Actively tethered unmanned aircraft systems operated within the scope of the guidance issued pursuant to paragraph (1) shall be exempt from the requirements of [section 44805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44805&num=0&edition=prelim). (4) **Savings provision.—** — Nothing in this subsection shall be construed to preclude the Administrator of the Federal Aviation Administration from issuing new regulations for public actively tethered unmanned aircraft systems in order to ensure the safety of the national airspace system. **(d) Federal Agency Coordination to Enhance the Public Health and Safety Capabilities of Public Unmanned Aircraft Systems.—** The Administrator shall assist Federal civilian Government agencies that operate unmanned aircraft systems within civil-controlled airspace, in operationally deploying and integrating sense and avoid capabilities, as necessary to operate unmanned aircraft systems safely within the national airspace system. **(e) Definition.—** In this section, the term “public safety organization” means an entity that primarily engages in activities related to the safety and well-being of the general public, including law enforcement, fire departments, emergency medical services, and other organizations that protect and serve the public in matters of safety and security.

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

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

**(a) FAA Process for Acceptance and Authorization.—** The Administrator of the Federal Aviation Administration shall establish a process for— (1) accepting risk-based consensus safety standards related to the design, production, and modification of small unmanned aircraft systems; (2) authorizing the operation of a small unmanned aircraft system make and model designed, produced, or modified in accordance with the consensus safety standards accepted under paragraph (1); (3) authorizing a manufacturer to self-certify a small unmanned aircraft system make or model that complies with consensus safety standards accepted under paragraph (1); and (4) certifying a manufacturer of small unmanned aircraft systems, or an employee of such manufacturer, that has demonstrated compliance with the consensus safety standards accepted under paragraph (1) and met any other qualifying criteria, as determined by the Administrator, to alternatively satisfy the requirements of paragraph (1). **(b) Considerations.—** Before accepting consensus safety standards under subsection (a), the Administrator of the Federal Aviation Administration shall consider the following: (1) Technologies or standards related to geographic limitations, altitude limitations, and sense and avoid capabilities. (2) Using performance-based requirements. (3) Assessing varying levels of risk posed by different small unmanned aircraft systems and their operation and tailoring performance-based requirements to appropriately mitigate risk. (4) Predetermined action to maintain safety in the event that a communications link between a small unmanned aircraft and its operator is lost or compromised. (5) Detectability and identifiability to pilots, the Federal Aviation Administration, and air traffic controllers, as a

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44805

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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. § 44703 — Airman certificates

**(a) General.—** The Administrator of the Federal Aviation Administration shall issue an airman certificate to an individual when the Administrator finds, after investigation, that the individual is qualified for, and physically able to perform the duties related to, the position to be authorized by the certificate. **(b) Contents.—** (1) An airman certificate shall— (A) be numbered and recorded by the Administrator of the Federal Aviation Administration; (B) contain the name, address, and description of the individual to whom the certificate is issued; (C) contain terms the Administrator decides are necessary to ensure safety in air commerce, including terms on the duration of the certificate, periodic or special examinations, and tests of physical fitness; (D) specify the capacity in which the holder of the certificate may serve as an airman with respect to an aircraft; and (E) designate the class the certificate covers. (2) A certificate issued to a pilot serving in scheduled air transportation shall have the designation “airline transport pilot” of the appropriate class. **(c) Public Information.—** (1) **In general.—** — Subject to paragraph (2) and notwithstanding any other provision of law, the information contained in the records of contents of any airman certificate issued under this section that is limited to an airman’s name, address, and ratings held shall be made available to the public after the 120th day following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century. (2) **Opportunity to withhold information.—** — Before making any information concerning an airman available to the public under paragraph (1), the airman shall be given an opportunity to elect that the information not

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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. § 44806 — Public unmanned aircraft systems and

Page 1419 TITLE 49—TRANSPORTATION § 44806 Editorial Notes REFERENCES IN TEXT Section 2202 of the FAA Extension, Safety, and Secu- rity Act of 2016, referred to in subsec. (b)(7), is section 2202 of Pub. L. 114–190, which is set out in a note under section 44802 of this title. AMENDMENTS 2024—Pub. L. 118–63, § 903(1), substituted ‘‘Small un- manned’’ for ‘‘Small Unmanned’’ in section catchline. Catchline was editorially conformed to the style used in this title. Subsec. (a)(2). Pub. L. 118–63, § 903(2), substituted ‘‘op- eration of a small’’ for ‘‘operation of small’’. Subsecs. (c) to (e). Pub. L. 118–63, § 903(6), redesignated subsecs. (e) to (g) as (c) to (e), respectively. Subsec. (f). Pub. L. 118–63, § 903(6), redesignated sub- sec. (h) as (f). Former subsec. (f) redesignated (d). Pub. L. 118–63, § 903(3), substituted ‘‘subsection (f)’’ for ‘‘subsection (h)’’. Subsec. (g). Pub. L. 118–63, § 903(6), redesignated sub- sec. (i) as (g). Former subsec. (g) redesignated (e). Subsec. (g)(3). Pub. L. 118–63, § 903(4), substituted ‘‘subsection (f)’’ for ‘‘subsection (h)’’. Subsec. (h). Pub. L. 118–63, § 903(6), redesignated sub- sec. (j) as (h). Former subsec. (h) redesignated (f). Subsec. (i). Pub. L. 118–63, § 903(6), redesignated sub- sec. (i) as (g). Subsec. (i)(1). Pub. L. 118–63, § 903(5), substituted ‘‘sub- section (f)’’ for ‘‘subsection (h)’’. Subsec. (j). Pub. L. 118–63, § 903(6), redesignated sub- sec. (j) as (h). Statutory Notes and Related Subsidiaries UNMANNED AIRCRAFT SYSTEMS RESEARCH FACILITY Pub. L. 115–254, div. B, title III, § 345(b), Oct. 5, 2018, 132 Stat. 3293, provided that: ‘‘The Center of Excellence for Unmanned Aircraft Systems shall establish an un- manned aircraft systems research facility to study ap- propriate safety stand

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 44806

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