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

Page 1417 TITLE 49—TRANSPORTATION § 44805 erated under the FAA [Federal Aviation Administra- tion] Contract Tower Program. ‘‘(c) BRIEFING TO CONGRESS.—The Administrator shall provide an annual briefing to the appropriate commit- tees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Rep- resentatives] on the status of the partnership author- ized under this section, including detailing any barriers to the commercialization of innovative technologies in the Gulf of Mexico. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) ELIGIBLE AIRPORT AUTHORITY.—The term ‘eligi- ble airport authority’ means an AIP-eligible airport authority that is— ‘‘(A) located in a state bordering the Gulf of Mex- ico which does not already contain a UAS Test Range; ‘‘(B) has an air traffic control tower operated under the FAA Contract Tower Program; ‘‘(C) is located within 60 miles of a port; and ‘‘(D) does not have any scheduled passenger air- line service as of the date of the enactment of this Act [May 16, 2024]. ‘‘(2) INNOVATIVE TECHNOLOGIES.—The term ‘innova- tive technologies’ means unmanned aircraft systems and powered-lift aircraft. ‘‘(3) UAS.—The term ‘UAS’ means an unmanned aircraft system.’’ [For definition of ‘‘unmanned aircraft system’’ as used in section 937 of Pub. L. 118–63, set out above, see section 44801 of this title, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.] § 44804. Unmanned aircraft in the Arctic (a) IN GENERAL.—The Secretary of Transpor- tation shall develop a plan and initiate a process to work with relevant Federal agencies and na- tional and international communities to des- ignate permanent areas in the Arctic where un- manned aircraft may operate 24 hours per day for research and commercial purposes. (b) PLAN CONTENTS.—The plan under sub- section (a) shall include the development of processes to facilitate the safe operation of un- manned aircraft beyond the visual line of sight. (c) REQUIREMENTS.—Each permanent area des- ignated under subsection (a) shall enable over- water flights from the surface to at least 2,000 feet in altitude, with ingress and egress routes from selected coastal launch sites. (d) AGREEMENTS.—To implement the plan under subsection (a), the Secretary may enter into an agreement with relevant national and international communities. (e) AIRCRAFT APPROVAL.— (1) IN GENERAL.—Subject to paragraph (2), not later than 1 year after the entry into force of an agreement necessary to effectuate the purposes of this section, the Secretary shall work with relevant national and international communities to establish and implement a process for approving the use of a unmanned aircraft in the designated permanent areas in the Arctic without regard to whether the un- manned aircraft is used as a public aircraft, a civil aircraft, or a model aircraft. (2) EXISTING PROCESS.—The Secretary may implement an existing process to meet the re- quirements under paragraph (1). (Added Pub. L. 115–254, div. B, title III, § 344(a), Oct. 5, 2018, 132 Stat. 3290; amended Pub. L. 118–63, title IX, § 902(a), May 16, 2024, 138 Stat. 1341.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 332(d) of Pub. L. 112–95, which was set out in a note under section 40101 of this title, prior to repeal by Pub. L. 115–254, div. B, title III, § 341(b)(2), Oct. 5, 2018, 132 Stat. 3287. The remainder of the note com- prised of subtitle B of title III of Pub. L. 112–95 was transferred and is set out under section 44802 of this title. AMENDMENTS 2024—Pub. L. 118–63, § 902(a)(1), substituted ‘‘Un- manned’’ for ‘‘Small unmanned’’ in section catchline. Catchline was editorially conformed to the style used in this title. Subsecs. (a), (b), (e)(1). Pub. L. 118–63, § 902(a)(2), struck out ‘‘small’’ before ‘‘unmanned aircraft’’ wher- ever appearing. § 44805. Small unmanned aircraft safety stand- ards (a) FAA PROCESS FOR ACCEPTANCE AND AU- THORIZATION.—The Administrator of the Federal Aviation Administration shall establish a proc- ess 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 un- manned aircraft system make and model de- signed, produced, or modified in accordance with the consensus safety standards accepted under paragraph (1); (3) authorizing a manufacturer to self-cer- tify 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 un- manned aircraft systems, or an employee of such manufacturer, that has demonstrated compliance with the consensus safety stand- ards accepted under paragraph (1) and met any other qualifying criteria, as determined by the Administrator, to alternatively satisfy the re- quirements of paragraph (1). (b) CONSIDERATIONS.—Before accepting con- sensus safety standards under subsection (a), the Administrator of the Federal Aviation Adminis- tration shall consider the following: (1) Technologies or standards related to geo- graphic 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 be- tween a small unmanned aircraft and its oper- ator is lost or compromised. (5) Detectability and identifiability to pi- lots, the Federal Aviation Administration, and air traffic controllers, as appropriate. (6) Means to prevent tampering with or modification of any system, limitation, or other safety mechanism or standard under this section or any other provision of law, includ- Page 1418 TITLE 49—TRANSPORTATION § 44805 ing a means to identify any tampering or modification that has been made. (7) Consensus identification standards under section 2202 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615). (8) To the extent not considered previously by the consensus body that crafted consensus safety standards, cost-benefit and risk anal- yses of consensus safety standards that may be accepted pursuant to subsection (a) for newly designed small unmanned aircraft sys- tems. (9) Applicability of consensus safety stand- ards to small unmanned aircraft systems that are not manufactured commercially. (10) Any technology or standard related to small unmanned aircraft systems that pro- motes aviation safety. (11) Any category of unmanned aircraft sys- tems that should be exempt from the con- sensus safety standards based on risk factors. (c) NONAPPLICABILITY OF OTHER LAWS.—The process for authorizing the operation of small unmanned aircraft systems under subsection (a) may allow for operation of any applicable small unmanned aircraft systems within the national airspace system without requiring— (1) airworthiness certification requirements under section 44704 of this title; or (2) type certification under part 21 of title 14, Code of Federal Regulations. (d) REVOCATION.—The Administrator may sus- pend or revoke the authorizations in subsection (a) if the Administrator determines that the manufacturer or the small unmanned aircraft system is no longer in compliance with the standards accepted by the Administrator under subsection (a)(1) or with the manufacturer’s statement of compliance under subsection (f). (e) REQUIREMENTS.—With regard to an author- ization under the processes in subsection (a), the Administrator may require a manufacturer of small unmanned aircraft systems to provide the Federal Aviation Administration with the fol- lowing: (1) The aircraft system’s operating instruc- tions. (2) The aircraft system’s recommended maintenance and inspection procedures. (3) The manufacturer’s statement of compli- ance described in subsection (f). (4) Upon request, a sample aircraft to be in- spected by the Federal Aviation Administra- tion to ensure compliance with the consensus safety standards accepted by the Adminis- trator under subsection (a). (f) MANUFACTURER’S STATEMENT OF COMPLI- ANCE FOR SMALL UAS.—A manufacturer’s state- ment of compliance shall— (1) identify the aircraft make, model, range of serial numbers, and any applicable con- sensus safety standards used and accepted by the Administrator; (2) state that the aircraft make and model meets the provisions of the consensus safety standards identified in paragraph (1); (3) state that the aircraft make and model conforms to the manufacturer’s design data and is manufactured in a way that ensures consistency across units in the production process in order to meet the applicable con- sensus safety standards accepted by the Ad- ministrator; (4) state that the manufacturer will make available to the Administrator, operators, or customers— (A) the aircraft’s operating instructions, which conform to the consensus safety standards identified in paragraph (1); and (B) the aircraft’s recommended mainte- nance and inspection procedures, which con- form to the consensus safety standards iden- tified in paragraph (1); (5) state that the manufacturer will monitor safety-of-flight issues and take action to en- sure it meets the consensus safety standards identified in paragraph (1) and report these issues and subsequent actions to the Adminis- trator; (6) state that at the request of the Adminis- trator, the manufacturer will provide reason- able access for the Administrator to its facili- ties for the purposes of overseeing compliance with this section; and (7) state that the manufacturer, in accord- ance with the consensus safety standards ac- cepted by the Federal Aviation Administra- tion, has— (A) ground and flight tested random sam- ples of the aircraft; (B) found the sample aircraft performance acceptable; and (C) determined that the make and model of aircraft is suitable for safe operation. (g) PROHIBITIONS.— (1) FALSE STATEMENTS OF COMPLIANCE.—It shall be unlawful for any person to knowingly submit a statement of compliance described in subsection (f) that is fraudulent or inten- tionally false. (2) INTRODUCTION INTO INTERSTATE COM- MERCE.—Unless the Administrator determines operation of an unmanned aircraft system may be conducted without an airworthiness certificate or permission, authorization, or ap- proval under subsection (a), it shall be unlaw- ful for any person to knowingly introduce or deliver for introduction into interstate com- merce any small unmanned aircraft system that is manufactured after the date that the Administrator accepts consensus safety stand- ards under this section unless— (A) the make and model has been author- ized for operation under subsection (a); or (B) the aircraft has alternatively received design and production approval issued by the Federal Aviation Administration. (h) EXCLUSIONS.—The Administrator may ex- empt from the requirements of this section small unmanned aircraft systems that are not capable of navigating beyond the visual line of sight of the operator through advanced flight systems and technology, if the Administrator determines that such an exemption does not pose a risk to the safety of the national airspace system. (Added Pub. L. 115–254, div. B, title III, § 345(a), Oct. 5, 2018, 132 Stat. 3291; amended Pub. L. 118–63, title IX, § 903, May 16, 2024, 138 Stat. 1341.) 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 standards for unmanned aircraft sys- tems and to validate such standards, as directed by the Administrator of the Federal Aviation Administration, consistent with section 44805 of title 49, United States Code, as added by this section.’’ § 44806. Public unmanned aircraft systems and public safety use of tethered unmanned air- craft systems (a) GUIDANCE.—The Secretary of Transpor- tation shall issue guidance regarding the oper- ation 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, sub- ject 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 certifi- cate issued by the Administration. (b) AGREEMENTS WITH GOVERNMENT AGEN- CIES.— (1) IN GENERAL.—The Secretary shall enter into an agreement with each appropriate pub- lic agency to simplify the process for issuing a certificate of waiver or a certificate of author- ization with respect to an application for au- thorization to operate a public unmanned air- craft system in the national airspace system. (2) CONTENTS.—An agreement under para- graph (1) shall— (A) with respect to an application de- scribed in paragraph (1)— (i) provide for an expedited review of the application; (ii) require a decision by the Adminis- trator on approval or disapproval not later than 60 business days after the date of sub- mission of the application; and (iii) allow for an expedited appeal if the application is disapproved; (B) allow for a one-time approval of simi- lar operations carried out during a fixed pe- riod of time; and (C) allow a government public safety agen- cy to operate an unmanned aircraft weigh- ing 4.4 pounds or less if that unmanned air- craft 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 sys- tems 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 Fa- cility Maps published by the Federal Avia- tion Administration, where applicable; (ii) within zero-grid airspaces as depicted on such UAS Facility Maps, only if oper- ated in life-saving or emergency situations and with prior notification to the Admin- istration 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 Admin- istrator; (B) not flown directly over non-partici- pating 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 or any rule or regulation relating to airman certifi- cation; and