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49 U.S.C. § 44812 — Temporary flight restrictions for unmanned aircraft

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

49 U.S.C. § 44812 — Temporary flight restrictions for unmanned aircraft

**(a) In General.—** (1) **Temporary flight restrictions.—** — The Administrator of the Federal Aviation Administration shall, upon the request by an eligible entity, temporarily restrict unmanned aircraft operations over eligible large public gatherings. (2) **Denial.—** — Notwithstanding paragraph (1), the Administrator may deny a request for a temporary flight restriction sought under paragraph (1) if— (A) the temporary flight restriction would be inconsistent with aviation safety or security, would create a hazard to people or property on the ground, or would unnecessarily interfere with the efficient use of the airspace; (B) the entity seeking the temporary flight restriction does not comply with the requirements in subsection (b); (C) the eligibility requirements in subsections (c) and (d) have not been met; (D) a flight restriction exists to the airspace overlying the same location as the temporary flight restriction sought under this section; or (E) the Administrator determines appropriate for any other reason. **(b) Requirements.—** (1) **Advance notice.—** — Eligible entities may only request a temporary flight restriction under subsection (a) not less than 30 calendar days prior to the eligible large public gathering. (2) **Required information.—** — Eligible entities seeking a temporary flight restriction under this section shall provide the Administrator with all relevant information, including the following: (A) Geographic boundaries of the stadium or other venue hosting the eligible large public gathering, as applicable. (B) The dates and anticipated starting and ending times for the large public gathering. (C) Points of contact for the requesting eligible entity and the on-scene incident command responsible for securing the l

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Stable record: federal_law:legal_authorities:record_usc_fe443dbe9b9571ba6a7b40c0
Source file: Laws/federal/codes/united-states-code/title-49/section-44812-temporary-flight-restrictions-for-unmanned-aircraft--10ecaf6006.md
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Source location: Title 49, Chapter 448, § 44812; chapter-448-unmanned-aircraft-systems.md

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**(a) In General.—** (1) **Temporary flight restrictions.—** — The Administrator of the Federal Aviation Administration shall, upon the request by an eligible entity, temporarily restrict unmanned aircraft operations over eligible large public gatherings. (2) **Denial.—** — Notwithstanding paragraph (1), the Administrator may deny a request for a temporary flight restriction sought under paragraph (1) if— (A) the temporary flight restriction would be inconsistent with aviation safety or security, would create a hazard to people or property on the ground, or would unnecessarily interfere with the efficient use of the airspace; (B) the entity seeking the temporary flight restriction does not comply with the requirements in subsection (b); (C) the eligibility requirements in subsections (c) and (d) have not been met; (D) a flight restriction exists to the airspace overlying the same location as the temporary flight restriction sought under this section; or (E) the Administrator determines appropriate for any other reason. **(b) Requirements.—** (1) **Advance notice.—** — Eligible entities may only request a temporary flight restriction under subsection (a) not less than 30 calendar days prior to the eligible large public gathering. (2) **Required information.—** — Eligible entities seeking a temporary flight restriction under this section shall provide the Administrator with all relevant information, including the following: (A) Geographic boundaries of the stadium or other venue hosting the eligible large public gathering, as applicable. (B) The dates and anticipated starting and ending times for the large public gathering. (C) Points of contact for the requesting eligible entity and the on-scene incident command responsible for securing the large public gathering. (D) Any other information the Administrator considers necessary to establish the restriction. **(c) Eligible Large Public Gatherings.—** (1) **In general.—** — To be eligible for a temporary flight restriction under this section, large public gatherings hosted in a stadium or other venue shall— (A) be hosted in a stadium or other venue that— (i) has previously hosted events qualifying for the application of special security instructions in accordance with section 521 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (Public Law 108–199); 11 See References in Text note below. and (ii) is not enclosed; (B) have an estimated attendance of at least 30,000 people; and (C) be advertised in the public domain. (2) **Additional gatherings.—** — To be eligible for a temporary flight restriction under this section, large public gatherings hosted in a venue other than a stadium or other venue described in paragraph (1)(A) shall— (A) have an estimated attendance of at least 100,000 people; (B) be primarily outdoors; (C) have a defined and static geographical boundary; and (D) be advertised in the public domain. **(d) Eligible Entities.—** An entity eligible to request a temporary flight restriction under subsection (a) shall be a credentialed law enforcement organization of the Federal Government or a State, local, Tribal, or territorial government. **(e) Timeliness.—** The Administrator shall make every practicable effort to assess eligibility and establish temporary flight restrictions under subsection (a) in a timely fashion. **(f) Public Information.—** Any temporary flight restriction designated under this section shall be published by the Administrator in a publicly accessible manner at least 2 days prior to the start of the eligible large public gathering. **(g) Prohibition on Operations.—** No person may operate an unmanned aircraft within a temporary flight restriction established under this section unless— (1) the Administrator authorizes the operation for operational or safety purposes; (2) the operation is being conducted for safety, security, or compliance oversight purposes and is authorized by the Administrator; or (3) the aircraft operation is conducted with the approval of the eligible entity. **(h) Savings Clause.—** Nothing in this section may be construed as prohibiting the Administrator from authorizing the operation of an aircraft, including an unmanned aircraft system, over, under, or within a specified distance from an eligible large public gathering for which a temporary flight restriction has been established under this section or cancelling a temporary flight restriction established under this section. **(i) Rule of Construction.—** Nothing in this section shall be construed to prevent the Administrator from using existing processes or procedures to meet the intent of this section.

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

49 U.S.C. § 44812 — Temporary flight restrictions for un-

Page 1426 TITLE 49—TRANSPORTATION § 44811 enforcement to report suspected operation of un- manned aircraft in violation of applicable Federal laws and regulations. ‘‘(c) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of the FAA Reauthoriza- tion Act of 2018 [Oct. 5, 2018], and annually thereafter through the duration of the pilot program established in subsection (a), the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the fol- lowing: ‘‘(1) The number of unauthorized unmanned aircraft operations detected in restricted airspace, including in and around airports, together with a description of such operations. ‘‘(2) The number of enforcement cases brought by the Federal Aviation Administration or other Federal agencies for unauthorized operation of unmanned air- craft detected through the program, together with a description of such cases. ‘‘(3) Recommendations for safety and operational standards for unmanned aircraft detection and miti- gation systems. ‘‘(4) Recommendations for any legislative or regu- latory changes related to mitigation or detection or identification of unmanned aircraft systems. ‘‘(d) SUNSET.—The pilot program established in sub- section (a) shall terminate on May 10, 2024. ‘‘(e) CIVIL PENALTIES.—[Amended section 46301 of this title.] ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to limit the authority of the Admin- istrator to pursue an enforcement action for a violation of this subtitle or any other applicable provision of aviation safety law or regulation using remote detec- tion or identific

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