49 U.S.C. § 44802: Integration of civil unmanned aircraft systems into national airspace system

Not later than November 10, 2012 , 1 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. 1 See Prior Provisions note below. define the acceptable standards for operation and certification of civil unmanned aircraft systems; ensure that any civil unmanned aircraft system includes a sense-and-avoid capability; and establish standards and requirements for the operator and pilot of a civil unmanned aircraft system, including standards and requirements for registration and licensing; 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; a phased-in approach to the integration of civil unmanned aircraft systems into the national airspace system; a timeline for the phased-in approach described under subparagraph (C); creation of a safe airspace designation for cooperative manned and unmanned flight operations in the national airspace system; establishment of a process to develop certification, flight standards, and air traffic requirements for civil unmanned aircraft systems at test ranges where such systems are subject to testing; the best methods to ensure the safe operation of civil unmanned aircraft systems and public unmanned aircraft systems simultaneously in the national airspace system; and incorporation of the plan into the annual NextGen Implementation Plan document (or any successor document) of the Federal Aviation Administration. The plan required under paragraph (1) shall provide for the safe integration of civil unmanned aircraft systems into the national airspace system as soon as practicable, but not later than September 30, 2015 . 1 Not later than February 14, 2013 , 1 the Secretary shall submit to Congress a copy of the plan required under paragraph (1). the role of the unmanned aircraft systems test ranges established under subsection (c) and the Unmanned Aircraft Systems Center of Excellence; performance objectives for unmanned aircraft systems that operate in the national airspace system; and research and development priorities for tools that could assist air traffic controllers as unmanned aircraft systems are integrated into the national airspace system, as appropriate; a description of how the Administration plans to use research and development, including research and development conducted through NASA’s Unmanned Aircraft Systems Traffic Management initiatives, to accommodate, integrate, and provide for the evolution of unmanned aircraft systems in the national airspace system; an assessment of critical performance abilities necessary to integrate unmanned aircraft systems into the national airspace system, and how these performance abilities can be demonstrated; and an update on the advancement of technologies needed to integrate unmanned aircraft systems into the national airspace system, including decisionmaking by adaptive systems, such as sense-and-avoid capabilities and cyber physical systems security. a final rule on small unmanned aircraft systems that will allow for civil operation of such systems in the national airspace system, to the extent the systems do not meet the requirements for expedited operational authorization under section 44807; a notice of proposed rulemaking to implement the recommendations of the plan required under subsection (a)(1), with the final rule to be published not later than 16 months after the date of publication of the notice; and an update to the Administration’s most recent policy statement on unmanned aircraft systems, contained in Docket No. FAA–2006–25714. The Administrator [of the Federal Aviation Administration] shall adopt a performance- and risk-based approach in reviewing requests for certificates of waiver under section 107.200 of title 14, Code of Federal Regulations. In carrying out subsection (a), the Administrator shall improve the process to submit requests for certificates of waiver described in subsection (a). In carrying out paragraph (1), the Administrator may not require the use of open-ended descriptive prompts that are required to be filled out by an applicant, except to provide applicants the ability to provide the FAA [Federal Aviation Administration] with information for an unusual or irregular operation. In carrying out paragraph (1), the Administrator shall leverage data gathered from previous requests for certificates of waivers. big data analytics; and machine learning. consider whether the waiver applicant has control over access to all real property on the ground within the area of operation; and recognize and account for the safety enhancements of such controlled access. Nothing in this subsection shall be construed to influence the extent to which the Administrator considers a lack of control over access to all real property on the ground within an area of operation as affecting the safety of an operation intended to be conducted under such certificate of waiver. the terms, conditions, and limitations; and the class of airspace and any restrictions related to operating near airports or heliports. In carrying out paragraph (1), the Administrator shall ensure that published information is made available in a manner that prevents inappropriate disclosure of proprietary information. If the Administrator determines, using criteria for a particular waiver, that an application for a certificate of waiver issued under section 107.200 of title 14, Code of Federal Regulations, is substantially similar (or is comprised of elements that are substantially similar) to an application for a certificate of waiver that the Administrator has previously approved, the Administrator may streamline, as appropriate, the approval of applications for such a particular waiver. Nothing in paragraph (1) shall be construed to preclude an applicant for a certificate of waiver from applying to modify a condition or remove a limitation of such certificate. The Administrator shall establish an expedited review process for a request to modify or renew certificates of waiver previously issued under section 107.200 of title 14, Code of Federal Regulations, as appropriate. The review process established under paragraph (1) shall be used to modify or renew certificates of waiver that cover operations that are substantially similar in all material facts to operations covered under a previously issued certificate of waiver.” Not later than 270 days after the date of enactment of this Act [ May 16, 2024 ], the Secretary [of Transportation] shall establish an unmanned aircraft system infrastructure inspection grant program to provide grants to governmental entities to facilitate the use of small unmanned aircraft systems to support more efficient inspection, operation, construction, maintenance, and repair of an element of critical infrastructure to improve worker safety related to projects. purchase or lease small unmanned aircraft systems; support the operational capabilities of small unmanned aircraft systems used by the governmental entity; contract for services performed using a small unmanned aircraft system in circumstances in which the governmental entity does not have the resources or expertise to safely carry out or assist in carrying out the activities described under subsection (a); and support the program management capability of the governmental entity to use or contract the use of a small unmanned aircraft system, as described in paragraph (3). To be eligible to receive a grant under this section, a governmental entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require, including an assurance that the governmental entity or any contractor of the governmental entity, will comply with relevant Federal regulations. carry out a project in a variety of communities, including urban, suburban, rural, Tribal, or any other type of community; and address a safety risk in the inspection, operation, construction, maintenance, or repair of an element of critical infrastructure. Nothing in this section shall be construed to interfere with an agreement between a governmental entity and a labor union, including the requirements of section 5333(b) of title 49 , United States Code. a description of the number of grants provided under this section; the amount of each grant provided under this section; the activities carried out with a grant provided under this section; and the effectiveness of such activities in meeting the objectives described in subsection (a). Except as provided in subparagraph (B), the Federal share of the cost of a project carried out using a grant provided under this section shall not exceed 50 percent of the total project cost. submits a written application to the Secretary requesting an increase in the Federal share; and demonstrates that the additional assistance is necessary to facilitate the acceptance and full use of a grant under this section, such as alleviating economic hardship, meeting additional workforce needs, or any other uses that the Secretary determines to be appropriate. $12,000,000 for fiscal year 2025. $12,000,000 for fiscal year 2026. $12,000,000 for fiscal year 2027. $12,000,000 for fiscal year 2028. The term ‘critical infrastructure’ has the meaning given such term in subsection (e) of the Critical Infrastructures Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). The term ‘element of critical infrastructure’ means a critical infrastructure facility or asset, including public bridges, tunnels, roads, highways, dams, electric grid, water infrastructure, communication systems, pipelines, or other related facilities or assets, as determined by the Secretary. a State, the District of Columbia, the Commonwealth of Puerto Rico, a territory of the United States, or a political subdivision thereof; a unit of local government; a Tribal government; a metropolitan planning organization; or a consortia of more than 1 of the entities described in subparagraphs (A) through (D). The term ‘project’ means a project for the inspection, operation, construction, maintenance, or repair of an element of critical infrastructure, including mitigating environmental hazards to such infrastructure.” the Comptroller General [of the United States] to the Secretary [of Transportation] contained in the report of the Government Accountability Office titled ‘Drones: FAA Should Improve Its Approach to Integrating Drones into the National Airspace System’, issued in January 2023 (GAO–23–105189); and the inspector general of the Department of Transportation to the Administrator contained in the audit report of the inspector general titled ‘FAA Made Progress Through Its UAS Integration Pilot Program, but FAA and Industry Challenges Remain To Achieve Full UAS Integration’, issued in April 2022 (Project ID: AV2022027). implementation of the recommendations described in subsection (a); implementation of statutory provisions related to unmanned aircraft system integration under subtitle B [§§ 341–384] of title III of division B of the FAA Reauthorization Act of 2018 ( Public Law 115–254 ) [see Tables for classification]; and actions taken by the Administrator to implement recommendations related to safe integration of unmanned aircraft systems into the national airspace system included in aviation rulemaking committee reports published after the date of enactment of the FAA Reauthorization Act of 2018 ( Public Law 115–254 ) [ Oct. 5, 2018 ]; provides a description of steps taken to achieve the safe integration of such systems into the national airspace system, including milestones and performance metrics to track results; provides the costs of executing the integration described in paragraph (2), including any estimates of future Federal resources or investments required to complete such integration; and identifies any regulatory or policy changes required to execute the integration described in paragraph (2).” Not later than 1 year after the date of enactment of this Act [ May 16, 2024 ], the Administrator [of the Federal Aviation Administration] shall establish procedures, which may include a rulemaking, to approve third-party service suppliers, including third-party service suppliers of unmanned aircraft system traffic management, to support the safe integration and commercial operation of unmanned aircraft systems. In establishing the approval process required under subsection (a), the Administrator shall ensure that, to the maximum extent practicable, industry consensus standards, such as ASTM International Standard F3548–21, titled ‘UAS Traffic Management (UTM) UAS Service Supplier (USS) Interoperability’, are included as an acceptable means of compliance for third-party services. could have a direct or indirect impact on air traffic services in the national airspace system; and require FAA [Federal Aviation Administration] oversight; and establish procedures by which unmanned aircraft systems can use the capabilities and services of third-party service suppliers to support operations. In carrying out this section, the Administrator shall seek to harmonize, to the extent practicable and advisable, any requirements and guidance for the development, use, and operation of third-party capabilities and services, including UTM, with similar requirements and guidance of other civil aviation authorities. In carrying out this section, the Administrator shall consider any relevant information provided by the Administrator of the National Aeronautics and Space Administration regarding research and development efforts the National Aeronautics and Space Administration may have conducted related to the use of UTM providers. In this section, the term ‘third-party service supplier’ means an entity other than the FAA that provides a distributed service that affects the safety or efficiency of the national airspace system, including UAS service suppliers, supplemental data service providers, and infrastructure providers, such as providers of ground-based surveillance, command-and-control, and information exchange to another party. Nothing in this section shall be construed to prevent or prohibit beyond visual line of sight operations of unmanned aircraft systems, or other types of operations, through the use of technologies other than third-party capabilities and services. Nothing in this section shall be construed to alter the authorities provided under section 40103 of title 49 , United States Code.” “This Act may be cited as the ‘Drone Advisory Committee for the 21st Century Act’. Due to the ever-increasing use of Unmanned Aircraft Systems in the agriculture, forestry, and rangeland sectors, as well as the inherently different uses in less populated parts of the nation, membership of the Drone Advisory Committee established by the Federal Aviation Administration should, to the extent practicable, include direct representatives from county and tribal government, agriculture, forestry, and rangeland interests. Full transparency in the work of the Drone Advisory Committee is vital to ensuring the public can effectively participate and contribute to the development of sound Federal policies. The Administrator of the Federal Aviation Administration should, to the maximum extent practicable, ensure the work of the Drone Advisory Committee is shared with and easily accessible to the public and shall ensure transparency and openness in the manner in which the affairs of the Committee are conducted. The Federal Aviation Administration shall take appropriate steps to encourage direct representation of county and tribal governments as well as agriculture, forestry, rangeland sectors, and other rural interests on the Drone Advisory Committee. To the maximum extent practicable, the Administrator shall include public participation in the process of nominating individuals for membership on the Committee.” Not later than 270 days after the date of enactment of this Act [ Oct. 5, 2018 ], the Secretary of Transportation shall update the comprehensive plan described in section 44802 of title 49 , United States Code, to develop a concept of operations for the integration of unmanned aircraft into the national airspace system. the potential use of UTM and other technologies to ensure the safe and lawful operation of unmanned aircraft in the national airspace system; the appropriate roles, responsibilities, and authorities of government agencies and the private sector in identifying and reporting unlawful or harmful operations and operators of unmanned aircraft; the use of models, threat assessments, probabilities, and other methods to distinguish between lawful and unlawful operations of unmanned aircraft; and appropriate systems, training, intergovernmental processes, protocols, and procedures to mitigate risks and hazards posed by unlawful or harmful operations of unmanned aircraft systems. The Secretary shall carry out the update under subsection (a) 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. avoid duplication; leverage capabilities learned across programs; support the safe integration of UAS into the national airspace; and commercially-operated Low Altitude Authorization and Notification Capability; the Unmanned Aircraft System Integration Pilot Program; and the Unmanned Traffic Management Pilot Program.” The Secretary of Transportation may establish a pilot program to enable enhanced drone operations as required in the October 25, 2017 Presidential Memorandum entitled ‘Unmanned Aircraft Systems Integration Pilot Program’ and described in 82 Federal Register 50301 [set out below]. The Secretary shall accept applications from State, local, and Tribal governments, in partnership with unmanned aircraft system operators and other private-sector stakeholders, to test and evaluate the integration of civil and public UAS operations into the low-altitude national airspace system. accelerate the safe integration of UAS into the NAS by testing and validating new concepts of beyond visual line of sight operations in a controlled environment, focusing on detect and avoid technologies, command and control links, navigation, weather, and human factors; address ongoing concerns regarding the potential security and safety risks associated with UAS operating in close proximity to human beings and critical infrastructure by ensuring that operators communicate more effectively with Federal, State, local, and Tribal law enforcement to enable law enforcement to determine if a UAS operation poses such a risk; promote innovation in and development of the United States unmanned aviation industry, especially in sectors such as agriculture, emergency management, inspection, and transportation safety, in which there are significant public benefits to be gained from the deployment of UAS; and identify the most effective models of balancing local and national interests in UAS integration. Identification of the airspace to be used, including shape files and altitudes. Description of the types of planned operations. Identification of stakeholder partners to test and evaluate planned operations. Identification of available infrastructure to support planned operations. Description of experience with UAS operations and regulations. Description of existing UAS operator and any other stakeholder partnerships and experience. Description of plans to address safety, security, competition, privacy concerns, and community outreach. Monitoring and enforcement of any limitations enacted pursuant to this pilot project shall be the responsibility of the jurisdiction. Nothing in paragraph (1) may be construed to prevent the Secretary from enforcing Federal law. prohibiting flight during specified morning and evening rush hours or only permitting flight during specified hours such as daylight hours, sufficient to ensure reasonable airspace access; establishing designated take-off and landing zones, limiting operations over moving locations or fixed site public road[s] and parks, sidewalks or private property based on zoning density, or other land use considerations; requiring notice to public safety or zoning or land use authorities before operating; and prohibiting operations in connection with community or sporting events that do not remain in one place (for example, parades and running events). Overall economic, geographic, and climatic diversity of the selected jurisdictions. Overall diversity of the proposed models of government involvement. Overall diversity of the UAS operations to be conducted. The location of critical infrastructure. The involvement of commercial entities in the proposal and their ability to advance objectives that may serve the public interest as a result of further integration of UAS into the NAS. The involvement of affected communities in, and their support for, participating in the pilot program. The commitment of the governments and UAS operators involved in the proposal to comply with requirements related to national defense, homeland security, and public safety and to address competition, privacy, and civil liberties concerns. Promoting innovation and economic development. Enhancing transportation safety. Enhancing workplace safety. Improving emergency response and search and rescue functions. Using radio spectrum efficiently and competitively. identify and resolve technical challenges to UAS integration; address airspace use to safely and efficiently integrate all aircraft; inform operational standards and procedures to improve safety (for example, detect and avoid capabilities, navigation and altitude performance, and command and control link); inform FAA standards that reduce the need for waivers (for example, for operations over human beings, night operations, and beyond visual line of sight); and address competing interests regarding UAS operational expansion, safety, security, roles and responsibilities of non-Federal Government entities, and privacy issues. Prior to initiating any additional rounds of agreements with State, local, or Tribal governments as part of the pilot program established under subsection (a), the Secretary shall notify the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations in the Senate. The pilot program established under subsection (a) shall terminate 3 years after the date on which the memorandum referenced in subsection (a) is signed by the President [ Oct. 25, 2017 ]. under the pilot program developed by the Secretary of Transportation pursuant to the Presidential memorandum titled ‘Unmanned Aircraft Systems Integration Pilot Program’, as published in the Federal Register on October 30, 2017 (82 Fed. Reg. 50301); and prior to the date of enactment of this Act [ Oct. 5, 2018 ]. The term ‘Lead Applicant’ means an eligible State, local or Tribal government that has submitted a timely application. The term ‘NAS’ means the low-altitude national airspace system. The term ‘UAS’ means unmanned aircraft system.” Not later than 30 days after the date of enactment of this Act [ Oct. 5, 2018 ], the Administrator [of the Federal Aviation Administration] shall publish on the FAA [Federal Aviation Administration] website a representative sample of the safety justifications, offered by applicants for small unmanned aircraft system waivers and airspace authorizations, that have been approved by the Administration for each regulation waived or class of airspace authorized, except that any published justification shall not reveal proprietary or commercially sensitive information. to provide real time confirmation that an application filed online has been received by the Administration; and to provide an applicant with an opportunity to review the status of the applicant’s application.” is an increasingly important tool in response to a catastrophe, disaster, or other emergency; helps facilitate emergency response operations, such as firefighting and search and rescue; and helps facilitate post-catastrophic response operations, such as utility and infrastructure restoration efforts and the safe and prompt processing, adjustment, and payment of insurance claims. The Administrator [of the Federal Aviation Administration] shall, as necessary, update and improve the Special Government Interest process described in chapter 7 of Federal Aviation Administration Order JO 7200.23A to ensure that civil and public operators, including local law enforcement agencies and first responders, continue to use unmanned aircraft system operations quickly and efficiently in response to a catastrophe, disaster, or other emergency. The Administrator shall develop best practices for the use of unmanned aircraft systems by States and localities to respond to a catastrophe, disaster, or other emergency response and recovery operation.” Unless authorized by the Administrator [of the Federal Aviation Administration], a person may not operate an unmanned aircraft or unmanned aircraft system that is equipped or armed with a dangerous weapon. In this section, the term ‘dangerous weapon’ has the meaning given that term in section 930(g)(2) of title 18 , United States Code. A person who violates this section is liable to the United States Government for a civil penalty of not more than $25,000 for each violation.” In conjunction with completing the requirements of section 2208 of the FAA Extension, Safety, and Security Act of 2016 [ Pub. L. 114–190 ] ( 49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]), subject to subsection (b) of this section, the Administrator [of the Federal Aviation Administration], in coordination with the Administrator of the National Aeronautics and Space Administration, and in consultation with unmanned aircraft systems industry stakeholders, shall develop a plan to allow for the implementation of unmanned aircraft systems traffic management (UTM) services that expand operations beyond visual line of sight, have full operational capability, and ensure the safety and security of all aircraft. In cooperation with the National Aeronautics and Space Administration and manned and unmanned aircraft industry stakeholders, allow testing of unmanned aircraft operations, of increasing volumes and density, in airspace above test ranges, as such term is defined in section 44801 of title 49 , United States Code, as well as other sites determined by the Administrator to be suitable for UTM testing, including those locations selected under the pilot program required in the October 25, 2017 , Presidential Memorandum entitled, ‘Unmanned Aircraft Systems Integration Pilot Program’ and described in 82 Federal Register 50301 [set out below]. Permit the testing of various remote identification and tracking technologies evaluated by the Unmanned Aircraft Systems Identification and Tracking Aviation Rulemaking Committee. Where the particular operational environment permits, permit blanket waiver authority to allow any unmanned aircraft approved by a UTM system pilot program selectee to be operated under conditions currently requiring a case-by-case waiver under part 107, title 14, Code of Federal Regulations, provided that any blanket waiver addresses risks to airborne objects as well as persons and property on the ground. include the development of safety standards to permit, authorize, or allow the use of UTM services, which may include the demonstration and validation of such services at the test ranges, as defined in section 44801 of title 49 , United States Code, or other sites as authorized by the Administrator; outline the roles and responsibilities of industry and government in establishing UTM services that allow applicants to conduct commercial and noncommercial operations, recognizing the primary private sector role in the development and implementation of the Low Altitude Authorization and Notification Capability and future expanded UTM services; remote identification of both cooperative and non-cooperative unmanned aircraft systems in the national airspace system; deconfliction of cooperative unmanned aircraft systems in the national airspace system by such services; the manner in which the Federal Aviation Administration will conduct oversight of UTM systems, including interfaces between UTM service providers and air traffic control; the need for additional technologies to detect cooperative and non-cooperative aircraft; the Federal Aviation Administration responsibilities to collect and disseminate relevant data to UTM service providers; and data exchange protocols to share UAS operator intent, operational approvals, operational restraints, and other data necessary to ensure safety or security of the National Airspace System; the potential for UTM services to manage unmanned aircraft systems carrying either cargo, payload, or passengers, weighing more than 55 pounds, and operating at altitudes higher than 400 feet above ground level; and cybersecurity protections, data integrity, and national and homeland security benefits; and accepting applications for operation of UTM services in the national airspace system; setting the standards for independent private sector validation and verification that the standards for UTM services established pursuant to paragraph (1) enabling operations beyond visual line of sight, have been met by applicants; and notifying the applicant, not later than 120 days after the Administrator receives a complete application, with a written approval, disapproval, or request to modify the application. shall require that UTM services help ensure the safety of unmanned aircraft and other aircraft operations that occur primarily or exclusively in airspace 400 feet above ground level and below, including operations conducted under a waiver issued pursuant to subpart D of part 107 of title 14, Code of Federal Regulations; protection of persons and property on the ground; remote identification and tracking of aircraft; collision avoidance with respect to obstacles and non-cooperative aircraft; deconfliction of cooperative aircraft and integration of other relevant airspace considerations; right of way rules, inclusive of UAS operations; safe and reliable coordination between air traffic control and other systems operated in the national airspace system; detection of non-cooperative aircraft; geographic and local factors including but not limited to terrain, buildings and structures; aircraft equipage; and qualifications, if any, necessary to operate UTM services; and may establish temporary flight restrictions or other means available such as a certificate of waiver or authorization (COA) for demonstration and validation of UTM services. The Administrator may revoke the permission, authorization, or approval for the operation of UTM services if the Administrator determines that the services or its operator are no longer in compliance with applicable safety standards. airspace away from congested areas; or other airspace above areas in which operations of unmanned aircraft pose low risk, as determined by the Administrator. In carrying out this section, the Administrator shall consult with other Federal agencies, as appropriate. the National Aeronautics and Space Administration in partnership with industry stakeholders; the UTM System pilot program required by section 2208 of the FAA Extension, Safety, and Security Act of 2016 [ Pub. L. 114–190 ] ( 49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]); and the participants in the pilot program required in the October 25, 2017 , Presidential Memorandum entitled, ‘Unmanned Aircraft Systems Integration Pilot Program’ and described in 82 Federal Register 50301. complete the plan required by subsection (a); the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives; and publish the plan on a publicly accessible Internet website of the Federal Aviation Administration.” Not later than 120 days after the date of the enactment of this Act [ Oct. 5, 2018 ], the Administrator [of the Federal Aviation Administration] shall, upon request of a UTM service provider, determine if certain UTM services may operate safely in the national airspace system before completion of the implementation plan required by section 376 [set out above]. In making the determination under subsection (a), the Administrator shall assess, at a minimum, whether the proposed UTM services, as a result of their operational capabilities, reliability, intended use, areas of operation, and the characteristics of the aircraft involved, will maintain the safety and efficiency of the national airspace system and address any identified risks to manned or unmanned aircraft and persons and property on the ground. If the Administrator determines that certain UTM services may operate safely in the national airspace system, the Administrator shall establish requirements for their safe operation in the national airspace system. The Administrator shall provide expedited procedures for making the assessment and determinations under this section where the UTM services will be provided primarily or exclusively in airspace above areas in which the operation of unmanned aircraft poses low risk, including but not limited to croplands and areas other than congested areas. In carrying out this section, the Administrator shall consult with other Federal agencies, as appropriate. Nothing in this Act [see Tables for classification] shall affect or delay approvals, waivers, or exemptions granted by the Administrator for UTM services already in existence or approved by the Administrator prior to the date of enactment of this Act [ Oct. 5, 2018 ], including approvals under the Low Altitude Authorization and Notification Capability.” Notwithstanding the repeals under sections 341, 348 [probably should be “346”], 347, and 383 of this Act [repealing the provisions listed in subsec. (b)(1) to (4) below], all orders, determinations, rules, regulations, permits, grants, and contracts, which have been issued under any law described under subsection (b) of this section before the effective date of this Act [probably means Oct. 5, 2018 , the date of enactment of Pub. L. 115–254 ] shall continue in effect until modified or revoked by the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, as applicable, by a court of competent jurisdiction, or by operation of law other than this Act [see Tables for classification]. Section 332 of the FAA Modernization and Reform Act of 2012 [ Pub. L. 112–95 ] ( 49 U.S.C. 40101 note). Section 333 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note). Section 334 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note). Section 2206 of the FAA Extension, Safety, and Security Act of 2016 ( Public Law 114–190 ; 130 Stat. 615 ). This Act shall not affect administrative or judicial proceedings pending on the effective date of this Act.” The Administrator of the Federal Aviation Administration and the Secretary of Defense may collaborate on sense-and-avoid capabilities for unmanned aircraft systems. Sharing information on safely integrating unmanned aircraft systems and manned aircraft in the national airspace system. The development of civil standards, policies, and procedures for the Federal Aviation Administration for integrating unmanned aircraft systems in the national airspace system by leveraging the historical and current testing, training, and operational experiences of the Department of Defense, particularly the Air Force, of unmanned flight operations[.] the development of airborne and ground-based sense-and-avoid capabilities for unmanned aircraft systems; and research and development on unmanned aircraft systems, especially with respect to matters involving human factors, information assurance, and security. The Administrator of the Federal Aviation Administration may participate, and provide assistance to the Secretary of Defense for activities during the test and evaluation efforts of the Department of Defense, including the Air Force, relating to airborne and ground-based sense-and-avoid capabilities for unmanned aircraft systems. Participation under paragraph (1) may include provision of assistance through Department of Defense unmanned aircraft systems test sites or a Federal Aviation Administration test range. In this section, the terms ‘unmanned aircraft system’ and ‘test range’ have the meaning given such terms in section 331 of the FAA Modernization and Reform Act of 2012 ( Public Law 112–95 ; 49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]). The rules adopted by the Administrator of the Federal Aviation Administration in the matter of registration and marking requirements for small unmanned aircraft (FAA-2015-7396; published on December 16, 2015 ) that were vacated by the United States Court of Appeals for the District of Columbia Circuit in Taylor v. Huerta (No. 15-1495; decided on May 19, 2017 ) shall be restored to effect on the date of enactment of this Act [ Dec. 12, 2017 ].” In this subtitle, the terms ‘unmanned aircraft’, ‘unmanned aircraft system’, and ‘small unmanned aircraft’ have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 [ Pub. L. 112–95 ] ( 49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]), as amended by this Act. The Administrator of the Federal Aviation Administration, in consultation with the Secretary of Transportation, the President of RTCA, Inc., and the Director of the National Institute of Standards and Technology, shall convene industry stakeholders to facilitate the development of consensus standards for remotely identifying operators and owners of unmanned aircraft systems and associated unmanned aircraft. requirements for remote identification of unmanned aircraft systems; appropriate requirements for different classifications of unmanned aircraft systems operations, including public and civil; and the feasibility of the development and operation of a publicly accessible online database of unmanned aircraft and the operators thereof, and any criteria for exclusion from the database. Not later than 1 year after the date of enactment of this Act [ July 15, 2016 ], 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 any standards developed under subsection (a). Not later than 1 year after the date on which the Administrator submits the report under subsection (c), the Administrator shall issue regulations or guidance, as appropriate, based on any standards developed under subsection (a). Beginning on the date that is 1 year after the date of publication of the guidance under subsection (b)(1), a manufacturer of a small unmanned aircraft shall make available to the owner at the time of delivery of the small unmanned aircraft the safety statement described in subsection (b)(2). Not later than 1 year after the date of enactment of this Act [ July 15, 2016 ], the Administrator of the Federal Aviation Administration shall issue guidance for implementing this section. information about, and sources of, laws and regulations applicable to small unmanned aircraft; recommendations for using small unmanned aircraft in a manner that promotes the safety of persons and property; the date that the safety statement was created or last modified; and A person may operate the small unmanned aircraft as a model aircraft (as defined in [former] section 336 of the FAA Modernization and Reform Act of 2012 [ Pub. L. 112–95 ] ([former] 49 U.S.C. 40101 note)) or otherwise in accordance with Federal Aviation Administration authorization or regulation, including requirements for the completion of any applicable airman test. The definition of a model aircraft under [former] section 336 of the FAA Modernization and Reform Act of 2012 ([former] 49 U.S.C. 40101 note). The requirements regarding the operation of a model aircraft under [former] section 336 of the FAA Modernization and Reform Act of 2012 ([former] 49 U.S.C. 40101 note). The Administrator may pursue enforcement action against a person operating model aircraft who endangers the safety of the national airspace system. A person who violates subsection (a) shall be liable for each violation to the United States Government for a civil penalty described in section 46301(a) of title 49 , United States Code. The Administrator of the Federal Aviation Administration shall enter into agreements with the Secretary of the Interior and the Secretary of Agriculture, as necessary, to continue the expeditious authorization of safe unmanned aircraft system operations in support of firefighting operations consistent with the requirements of section 44806 of title 49 , United States Code. The Administrator shall enter into agreements with the Secretary of Energy and with such other agencies or parties, including the Federal Emergency Management Agency, as are necessary to facilitate the expeditious authorization of safe unmanned aircraft system operations in support of service restoration efforts of utilities. In this section, the term ‘utility’ shall at a minimum include the definition in section 3(4) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2602(4) ). Repealed. Pub. L. 115–254, div. B, title III, § 383(b)(2) , Oct. 5, 2018 , 132 Stat. 3322 .] Not later than 90 days after the date of enactment of this Act [ July 15, 2016 ], the Administrator of the Federal Aviation Administration shall publish guidance for applications for, and procedures for the processing of, on an emergency basis, exemptions or certificates of authorization or waiver for the use of unmanned aircraft systems by civil or public operators in response to a catastrophe, disaster, or other emergency to facilitate emergency response operations, such as firefighting, search and rescue, and utility and infrastructure restoration efforts. In processing such applications, the Administrator shall give priority to applications for public unmanned aircraft systems engaged in emergency response activities. make explicit any safety requirements that must be met for the consideration of applications that include requests for beyond visual line of sight or nighttime operations, or the suspension of otherwise applicable operating restrictions, consistent with public interest and safety; and explicitly state the procedures for coordinating with an incident commander, if any, to ensure operations granted under procedures developed under subsection (a) do not interfere with other emergency response efforts. In processing applications on an emergency basis for exemptions or certificates of authorization or waiver for unmanned aircraft systems operations in response to a catastrophe, disaster, or other emergency, the Administrator shall act on such applications as expeditiously as practicable and without requiring public notice and comment. The Administrator of the Federal Aviation Administration (in this section referred to as the ‘Administrator’), in coordination with the Administrator of the National Aeronautics and Space Administration, shall continue development of a research plan for unmanned aircraft systems traffic management (in this section referred to as ‘UTM’) development and deployment. identify research outcomes sought; and ensure the plan is consistent with existing regulatory and operational frameworks, and considers potential future regulatory and operational frameworks, for unmanned aircraft systems in the national airspace system. The research plan shall include an assessment of the interoperability of a UTM system with existing and potential future air traffic management systems and processes. initiate development of the research plan not later than 60 days after the date of enactment of this Act [ July 15, 2016 ]; and complete the research plan; submit the research plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives; and publish the research plan on the Internet Web site of the Federal Aviation Administration. Not later than 90 days after the date of submission of the research plan under subsection (a)(4)(B), the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration, the Drone Advisory Committee, the research advisory committee established by section 44508(a) of title 49 , United States Code, and representatives of the unmanned aircraft industry, shall establish a UTM system pilot program. Not later than 2 years after the date of establishment of the pilot program, the Administrator shall conclude the pilot program. Not later than 180 days after the date of establishment of the pilot program, and every 180 days thereafter until the date of conclusion of the pilot program, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives an update on the status and progress of the pilot program. Not later than 180 days after the date of enactment of this Act [ July 15, 2016 ], the Secretary of Transportation shall establish a process to allow applicants to petition the Administrator of the Federal Aviation Administration to prohibit or restrict, including temporarily, the operation of an unmanned aircraft in close proximity to a fixed site facility. The Administrator shall establish the procedures for the application for designation under subsection (a). The procedures shall allow operators or proprietors of fixed site facilities to apply for designation individually or collectively. Critical infrastructure, such as energy production, transmission, distribution facilities and equipment, and railroad facilities. Oil refineries and chemical facilities. Amusement parks. State prisons. The Secretary shall provide for a determination under the review process established under subsection (a) not later than 90 days after the date of application, unless the applicant is provided with written notice describing the reason for the delay. the boundaries for unmanned aircraft operation near the fixed site facility; and such other limitations that the Administrator determines may be appropriate. aviation safety; protection of persons and property on the ground; national security; or homeland security. If an application is denied, and the applicant can reasonably address the reason for the denial, the Administrator may allow the applicant to reapply for designation. Designations under subsection (a) shall be published by the Federal Aviation Administration on a publicly accessible website. Nothing in this section may be construed as prohibiting the Administrator from authorizing operation of an aircraft, including an unmanned aircraft system, over, under, or within a specified distance from that fixed site facility designated under subsection (b). Not later than March 31, 2019 , the Administrator shall publish a notice of proposed rulemaking to carry out the requirements of this section. Not later than 12 months after publishing the notice of proposed rulemaking under paragraph (1), the Administrator shall issue a final rule. Not later than 90 days after the date of enactment of the FAA Reauthorization Act of 2024 [ May 16, 2024 ], the Administrator shall publish a notice of proposed rulemaking to carry out the requirements of this section. Not later than 16 months after publishing the notice of proposed rulemaking under paragraph (1), the Administrator shall issue a final rule based on the notice of proposed rulemaking published under paragraph (1). In this section, the term ‘State prison’ means an institution under State jurisdiction, including a State Department of Corrections, the primary use of which is for the confinement of individuals convicted of a felony. beyond the visual line of sight of the individual operating the unmanned aircraft system; and during the day or at night. activities to ensure compliance with Federal or State regulatory, permit, or other requirements, including to conduct surveys associated with applications for permits for new pipeline or pipeline systems construction or maintenance or rehabilitation of existing pipelines or pipeline systems; and parts 192 and 195 of title 49, Code of Federal Regulations; and the requirements of any Federal, State, or local governmental or regulatory body, or industry best practice, pertaining to the construction, ownership, operation, maintenance, repair, or replacement of covered facilities; activities to inspect, repair, construct, maintain, or protect covered facilities, including for the purpose of responding to a pipeline, pipeline system, or electric energy infrastructure incident; and activities in response to or in preparation for a natural disaster, manmade disaster, severe weather event, or other incident beyond the control of the applicant that may cause material damage to a covered facility. a pipeline or pipeline system; an electric energy generation, transmission, or distribution facility (including a renewable electric energy facility); an oil or gas production, refining, or processing facility; or any other critical infrastructure facility. The term ‘critical infrastructure’ has the meaning given that term in section 2339D of title 18 , United States Code. Not later than 90 days after the date of enactment of this Act [ July 15, 2016 ], 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 certification that a process has been established to facilitate applications for unmanned aircraft systems operations described in this section. If the Administrator cannot provide a certification under paragraph (1), the Administrator, not later than 180 days after the deadline specified in paragraph (1), shall update the process under [former] section 333 of the FAA Modernization and Reform Act of 2012 [ Pub. L. 112–95 ] ([former] 49 U.S.C. 40101 note) to facilitate applications for unmanned aircraft systems operations described in this section. In addition to the operations described in this section, the Administrator may authorize, exempt, or otherwise allow other unmanned aircraft systems operations under [former] section 333 of the FAA Modernization and Reform Act of 2012 ([former] 49 U.S.C. 40101 note) that are conducted beyond the visual line of sight of the individual operating the unmanned aircraft system or during the day or at night. collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and jet aircraft of various sizes, traveling at various speeds; collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and propeller-driven aircraft of various sizes, traveling at various speeds; collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and rotorcraft of various sizes, traveling at various speeds; and windshields; noses; engines; radomes; propellers; and wings. Not later than 1 year after the date of enactment of this Act [ July 15, 2016 ], the Administrator shall transmit to the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report summarizing the costs and results of research under this section. Not later than 30 days after the date of enactment of this Act [ July 15, 2016 ], the Administrator of the Federal Aviation Administration shall enter into an arrangement with the National Academies to study the potential use of probabilistic assessments of risks by the Administration to streamline the integration of unmanned aircraft systems into the national airspace system, including any research and development necessary. Not later than 1 year after the date of enactment of this Act, the Administrator shall provide the results of the study to the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.” The Secretary of Defense, the Secretary of Homeland Security, and the Administrator of the Federal Aviation Administration shall jointly develop and implement plans and procedures to review the potential of joint testing and evaluation of unmanned aircraft equipment and systems with other appropriate departments and agencies of the Federal Government that may serve the dual purpose of providing capabilities to the Department of Defense to meet the future requirements of combatant commanders and domestically to strengthen international border security. Not later than 270 days after the date of the enactment of this Act [ Dec. 26, 2013 ], the Secretary of Defense, the Secretary of Homeland Security, and the Administrator of the Federal Aviation Administration shall jointly submit to Congress a report on the status of the development of the plans and procedures required under paragraph (1), including a cost-benefit analysis of the shared expenses between the Department of Defense and other appropriate departments and agencies of the Federal Government to support such plans.” The Secretary of Defense shall collaborate with the Administrator of the Federal Aviation Administration and the Administrator of the National Aeronautics and Space Administration to conduct research and seek solutions to challenges associated with the safe integration of unmanned aircraft systems into the National Airspace System in accordance with subtitle B of title III of the FAA Modernization and Reform Act of 2012 ( Public Law 112–95 ; 126 Stat. 72 ) [ 49 U.S.C. 44802 note]. Collaboration under paragraph (1) may include research and development of scientific and technical issues, equipment, and technology in support of the plan to safely accelerate the integration of unmanned aircraft systems as required by subtitle B of title III of the FAA Modernization and Reform Act of 2012. If the Secretary of Defense determines it is in the interest of the Department of Defense, the Secretary may use existing aerospace-related laboratories, personnel, equipment, research radars, and ground facilities of the Department of Defense to avoid duplication of efforts in carrying out collaboration under paragraph (1). progress in accomplishing the goals of the unmanned aircraft systems research, development, and demonstration as related to the Department of Defense Final Report to Congress on Access to National Airspace for Unmanned Aircraft Systems of October 2010, and any ongoing and collaborative research and development programs with the Federal Aviation Administration and the National Aeronautics and Space Administration; estimates of long-term funding needs and details of funds expended and allocated in the budget requests of the President that support integration into the National Airspace; and progress in sharing with the Federal Aviation Administration safety operational and performance data as it relates to unmanned aircraft system operation and the impact on the National Airspace System. The requirement to submit a report under subparagraph (A) shall terminate on the date that is 5 years after the date of the enactment of this Act [ Jan. 2, 2013 ]. In this section, the term ‘UAS Executive Committee’ means the National Aeronautics and Space and [sic] Administration and the Department of Defense–Federal Aviation Administration executive committee described in section 1036(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 [ Pub. L. 110–417 ; 122 Stat. 4597 ] and established by the Secretary of Defense and the Administrator of the Federal Aviation Administration.” The term ‘Arctic’ means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain. The terms ‘certificate of waiver’ and ‘certificate of authorization’ mean a Federal Aviation Administration grant of approval for a specific flight operation. The term ‘permanent areas’ means areas on land or water that provide for launch, recovery, and operation of small unmanned aircraft. The term ‘public unmanned aircraft system’ means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft (as defined in section 40102 of title 49 , United States Code). 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. The term ‘small unmanned aircraft’ means an unmanned aircraft weighing less than 55 pounds, including everything that is on board or otherwise attached to the aircraft. 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. The term ‘test range’ includes any of the 6 test ranges established by the Administrator of the Federal Aviation Administration under section 332(c), as in effect on the day before the date of enactment of this subparagraph [ July 15, 2016 ], and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009 . The term ‘unmanned aircraft’ means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. 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 pilot in command to operate safely and efficiently in the national airspace system. Repealed. Pub. L. 115–254, div. B, title III, § 341(b)(2) , Oct. 5, 2018 , 132 Stat. 3287 .] Repealed. Pub. L. 115–254, div. B, title III, § 347(b)(2) , Oct. 5, 2018 , 132 Stat. 3296 .] Repealed. Pub. L. 115–254, div. B, title III, § 346(b)(2) , Oct. 5, 2018 , 132 Stat. 3295 .] “The Administrator of the Federal Aviation Administration shall carry out all safety studies necessary to support the integration of unmanned aircraft systems into the national airspace system. Repealed. Pub. L. 115–254, div. B, title III, § 349(b)(2) , Oct. 5, 2018 , 132 Stat. 3300 .]” Not later than 180 days after the date of the enactment of this Act [ Dec. 31, 2011 ], the Administrator of the Federal Aviation Administration shall establish a program to integrate unmanned aircraft systems into the national airspace system at six test ranges. safely designate nonexclusionary airspace for integrated manned and unmanned flight operations in the national airspace system; develop certification standards and air traffic requirements for unmanned flight operations at test ranges; coordinate with and leverage the resources of the Department of Defense and the National Aeronautics and Space Administration; address both civil and public unmanned aircraft systems; ensure that the program is coordinated with the Next Generation Air Transportation System; and provide for verification of the safety of unmanned aircraft systems and related navigation procedures before integration into the national airspace system. take into consideration geographic and climatic diversity; take into consideration the location of ground infrastructure and research needs; and consult with the Department of Defense and the National Aeronautics and Space Administration. A project at a test range shall be operational not later than 180 days after the date on which the project is established. Not later than 90 days after the date of completing each of the pilot projects, the Administrator shall submit to the appropriate congressional committees a report setting forth the Administrator’s findings and conclusions concerning the projects that includes a description and assessment of the progress being made in establishing special use airspace to fill the immediate need of the Department of Defense to develop detection techniques for small unmanned aircraft systems and to validate sensor integration and operation of unmanned aircraft systems. The program under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act [ Dec. 31, 2011 ]. the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Science, Space, and Technology of the House of Representatives; and the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate. The term ‘test range’ means a defined geographic area where research and development are conducted.”