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 identification or other technology following the sunset of the pilot program.’’ § 44811. Beyond visual line of sight operations for unmanned aircraft systems (a) PROPOSED RULE.—Not later than 4 months after the date of enactment of the FAA Reau- thorization Act of 2024, the Administrator shall issue a notice of proposed rulemaking estab- lishing a performance-based regulatory pathway for unmanned aircraft systems (in this section referred to as ‘‘UAS’’) to operate beyond visual line of sight (in this section referred to as ‘‘BVLOS’’). (b) REQUIREMENTS.—The proposed rule re- quired under subsection (a) shall, at a minimum, establish the following: (1) Acceptable levels of risk for BVLOS UAS operations, including the levels developed pur- suant to section 931 of the FAA Reauthoriza- tion Act of 2024. (2) Standards for remote pilots or UAS oper- ators for BVLOS operations, taking into ac- count varying levels of automated control and management of UAS flights. (3) An approval or acceptance process for UAS and associated elements (as defined by the Administrator), which may leverage the creation of a special airworthiness certificate or a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance. Such process— (A) shall not require, but may allow for, the use of type or production certification; (B) shall consider the airworthiness of any UAS that— (i) is within a maximum gross weight or kinetic energy, as determined by the Ad- ministrator; and (ii) operates within a maximum speed limit as determined by the Administrator; (C) may require such systems to operate in the national airspace system at altitude lim- its determined by the Administrator; and (D) may require such systems to operate at standoff distances from the radius of a struc- ture or the structure’s immediate uppermost limit, as determined by the Administrator. (4) Operating rules for UAS that have been approved or accepted as described in para- graph (3). (5) Protocols, if appropriate, for networked information exchange, such as network-based remote identification, in support of BVLOS operations. (6) The safety of manned aircraft operating in the national airspace system and consider the maneuverability and technology limita- tions of certain aircraft, including hot air bal- loons. (c) FINAL RULE.—Not later than 16 months after publishing the proposed rule under sub- section (a), the Administrator shall issue a final rule based on such proposed rule. (d) SAVINGS CLAUSE.—Nothing in this section shall be construed to require the agency to rescope any rulemaking efforts related to UAS BVLOS operations that are ongoing as of the date of enactment of the FAA Reauthorization Act of 2024. (Added Pub. L. 118–63, title IX, § 930(a), May 16, 2024, 138 Stat. 1366.) Editorial Notes REFERENCES IN TEXT The date of enactment of the FAA Reauthorization Act of 2024, referred to in subsecs. (a) and (d), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024. Section 931 of the FAA Reauthorization Act of 2024, referred to in subsec. (b)(1), is section 931 of Pub. L. 118–63, which is set out as a note under section 44801 of this title. § 44812. Temporary flight restrictions for un- manned aircraft (a) IN GENERAL.— (1) TEMPORARY FLIGHT RESTRICTIONS.—The Administrator of the Federal Aviation Admin- istration shall, upon the request by an eligible entity, temporarily restrict unmanned air- craft 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 secu- rity, would create a hazard to people or property on the ground, or would unneces- sarily 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 sub- sections (c) and (d) have not been met; Page 1427 TITLE 49—TRANSPORTATION § 44813 1 See References in Text note below. (D) a flight restriction exists to the air- space overlying the same location as the temporary flight restriction sought under this section; or (E) the Administrator determines appro- priate 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 gath- ering. (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 el- igible entity and the on-scene incident com- mand responsible for securing the large pub- lic gathering. (D) Any other information the Adminis- trator considers necessary to establish the restriction. (c) ELIGIBLE LARGE PUBLIC GATHERINGS.— (1) IN GENERAL.—To be eligible for a tem- porary 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 quali- fying for the application of special secu- rity instructions in accordance with sec- tion 521 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (Public Law 108–199); 1 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 de- scribed 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 en- forcement organization of the Federal Govern- ment or a State, local, Tribal, or territorial gov- ernment. (e) TIMELINESS.—The Administrator shall make every practicable effort to assess eligi- bility and establish temporary flight restric- tions 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 gath- ering. (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 oper- ation for operational or safety purposes; (2) the operation is being conducted for safe- ty, 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 Adminis- trator from authorizing the operation of an air- craft, 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 estab- lished under this section or cancelling a tem- porary flight restriction established under this section. (i) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to prevent the Admin- istrator from using existing processes or proce- dures to meet the intent of this section. (Added Pub. L. 118–63, title IX, § 935(a), May 16, 2024, 138 Stat. 1370.) Editorial Notes REFERENCES IN TEXT Section 521 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (Public Law 108–199), referred to in subsec. (c)(1)(A)(i), probably means section 521 of title V of div. F of Pub. L. 108–199, which is set out as a note under section 40103 of this title. The Act is comprised of div. F of Pub. L. 108–199. § 44813. Center of Excellence for Unmanned Air- craft Systems (a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall continue operation of the Center of Excellence for Un- manned Aircraft Systems (referred to in this section as the ‘‘Center’’). (b) RESPONSIBILITIES.—The Center shall carry out the following responsibilities: (1) Conduct applied research and training on the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (2) Promote and facilitate collaboration among academia, the Federal Aviation Admin- istration, Federal agency partners, and indus- try stakeholders (including manufacturers, op- erators, service providers, standards develop- ment organizations, carriers, and suppliers), with respect to the safe and efficient integra- tion of unmanned aircraft systems and ad- vanced air mobility into the national airspace system. (3) Establish goals set to advance tech- nology, improve engineering practices, and fa- cilitate continuing education with respect to