§ 44801. Definitions

§ 44801. Definitions

(1) Actively tethered unmanned aircraft system.— The term “actively tethered unmanned aircraft system” means an unmanned aircraft system in which the unmanned aircraft component—

(A) weighs 55 pounds or less, including payload but not including the tether;

(B) is physically attached to a ground station with a taut, appropriately load-rated tether that provides continuous power to the unmanned aircraft and is unlikely to be separated from the unmanned aircraft;

(C) is controlled and retrieved by such ground station through physical manipulation of the tether;

(D) is able to maintain safe flight control in the event of a power or flight control failure during flight; and

(E) is programmed to initiate a controlled landing in the event of a tether separation.

(2) Appropriate committees of congress.— The term “appropriate committees of Congress” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(3) Arctic.— The term “Arctic” means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain.

(4) Certificate of waiver; certificate of authorization.— The terms “certificate of waiver” and “certificate of authorization” mean a Federal Aviation Administration grant of approval for a specific flight operation.

(5) Counter-UAS system.— The term “counter-UAS system” means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an unmanned aircraft or unmanned aircraft system.

(6) Permanent areas.— The term “permanent areas” means areas on land or water that provide for launch, recovery, and operation of small unmanned aircraft.

(7) Public unmanned aircraft system.— The term “public unmanned aircraft system” means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft.

(8) Sense and avoid capability.— 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, structures on the ground, and other objects.

(9) Small unmanned aircraft.— The term “small unmanned aircraft” means an unmanned aircraft weighing less than 55 pounds, including the weight of anything attached to or carried by the aircraft.

(10) Test range.— 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, and includes the test ranges designated by the Administrator under section 44803.

(11) Unmanned aircraft.— The term “unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

(12) Unmanned aircraft system.— 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 operator to operate safely and efficiently in the national airspace system.

(13) UTM.— The term “UTM” means an unmanned aircraft system traffic management system or service.”

(Added Pub. L. 115–254, div. B, title III, § 341(a), Oct. 5, 2018, 132 Stat. 3284; amended Pub. L. 118–63, title IX, §§ 925(b)(1), 926(c), May 16, 2024, 138 Stat. 1360, 1361.)

Editorial Notes

Amendments

2024—Par. (1)(A). Pub. L. 118–63, § 926(c)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: “weighs 4.4 pounds or less, including payload but not including the tether;”.

Par. (1)(D), (E). Pub. L. 118–63, § 926(c)(2)–(4), added subpars. (D) and (E).

Par. (10). Pub. L. 118–63, § 925(b)(1), substituted “the test ranges designated by the Administrator under section 44803” for “any of the 6 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009”.

Statutory Notes and Related Subsidiaries

Environmental Review and Noise Certification

Pub. L. 118–63, title IX, § 909, May 16, 2024, 138 Stat. 1344, provided that: “(a) National Environmental Policy Act Guidance.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall publish unmanned aircraft system-specific environmental review guidance and implementation procedures and, thereafter, revise such guidance and procedures as appropriate to carry out the requirements of this section. “(b) Prioritization.—The guidance and procedures established by the Administrator under subsection (a) shall include processes that allow for the prioritization of project applications and activities that—“(1) offset or limit the impacts of non-zero emission activities; “(2) offset or limit the release of environmental pollutants to soil or water; or “(3) demonstrate other factors that benefit human safety or the environment, as determined by the Administrator. “(c) Programmatic Level Approach to NEPA Review.—Not later than 180 days after the date of enactment of this Act, the Administrator shall examine and integrate programmatic-level approaches to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by which the Administrator can—“(1) leverage an environmental review for unmanned aircraft operations within a defined geographic region, including within and over commercial sites, industrial sites, or other sites closed or restricted to the public; and “(2) leverage an environmental assessment or environmental impact statement for nationwide programmatic approaches for large scale distributed unmanned aircraft operations. “(d) Developing 1 or More Categorical Exclusions.—“(1) In general.—The Administrator shall engage in periodic consultations with the Council on Environmental Quality to identify actions that are appropriate for a new categorical exclusion and shall incorporate such actions in FAA [Federal Aviation Administration] Order 1050.1F (or successor order) as considered appropriate by the Administrator to more easily allow for safe commercial operations of unmanned aircraft. “(2) Prior operations.—The Administrator shall review existing categorical exclusions for applicability to unmanned aircraft operations in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations. “(e) Briefing.—Not later than 90 days after the date of enactment of this Act [May 16, 2024], the Administrator shall brief 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] on the plan of the Administrator to implement subsection (a). “(f) Nonapplication of Noise Certification Requirements Pending Standards Development.—“(1) In general.—Notwithstanding the requirements of section 44715 of title 49, United States Code, the Administrator shall—“(A) waive the determination of compliance with part 36 of title 14, Code of Federal Regulations, for an applicant seeking unmanned aircraft type and airworthiness certifications; and “(B) not deny, withhold, or delay such certifications due to the absence of a noise certification basis under such part, if the Administrator has developed appropriate noise measurement procedures for unmanned aircraft and the Administrator has received from the applicant the noise measurement results based on such procedures. “(2) Duration.—The nonapplication of the noise certification requirements under paragraph (1) shall continue until the Administrator finalizes the noise certification requirements for unmanned aircraft in part 36 of title 14, Code of Federal Regulations, or another part of title 14 of such Code, as required under paragraph (3). “(3) Associated uas certification standards.—“(A) Development of criteria.—Not later than 18 months after the date of enactment of this Act, the Administrator shall develop and establish substantive criteria and standard metrics to determine whether to approve an unmanned aircraft pursuant to part 36 of title 14, Code of Federal Regulations. “(B) Substantive criteria and standard metrics.—In establishing the substantive criteria and standard metrics under subparagraph (A), the Administrator shall include criteria and metrics related to the noise impacts of an unmanned aircraft. “(C) Publication.—The Administrator shall publish in the Federal Register and post on the website of the FAA the criteria and metrics established under subparagraph (A). “(g) Concurrent Reviews.—If the Administrator determines that the design, construction, maintenance and operational sustainability, airworthiness approval, or operational approval of an unmanned aircraft require environmental assessments, including under the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Administrator shall, to the maximum extent practicable, conduct such reviews and analyses concurrently. “(h) Third-party Support.—In implementing subsection (a), the Administrator shall allow for the engagement of approved specialized third parties, as appropriate, to support an applicant’s preparation of, or the Administration’s preparation and review of, documentation relating to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to ensure streamlined timelines for complex reviews. “(i) Rule of Construction.—Nothing in this section shall be construed as prohibiting, restricting, or otherwise limiting the authority of the Administrator from implementing or complying with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any related requirements to ensure the protection of the environment and aviation safety.”

[For definition of “unmanned aircraft” as used in section 909 of Pub. L. 118–63, set out above, see this section, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.]

Unmanned and Autonomous Flight Advisory Committee

Pub. L. 118–63, title IX, § 916, May 16, 2024, 138 Stat. 1351, provided that: “(a) In General.—Not later than 1 year after the termination of the Advanced Aviation Advisory Committee pursuant to section 915 [138 Stat. 1351], the Administrator [of the Federal Aviation Administration] shall establish an Unmanned and Autonomous Flight Advisory Committee (in this section referred to as the ‘Advisory Committee’). “(b) Duties.—The Advisory Committee shall provide the Administrator advice on policy- and technical-level issues related to unmanned and autonomous aviation operations and activities, including, at a minimum, the following:“(1) The safe integration of unmanned aircraft systems and autonomous flight operations into the national airspace system, including feedback on—“(A) the certification and operational standards of highly automated aircraft, unmanned aircraft, and associated elements of such aircraft; “(B) coordination of procedures for operations in controlled and uncontrolled airspace; and “(C) communication protocols. “(2) The use cases of unmanned aircraft systems, including evaluating and assessing the potential benefits of using unmanned aircraft systems. “(3) The development of processes and methodologies to address safety concerns related to the operation of unmanned aircraft systems, including risk assessments and mitigation strategies. “(4) Unmanned aircraft system training, education, and workforce development programs, including evaluating aeronautical knowledge gaps in the unmanned aircraft system workforce, assessing the workforce needs of unmanned aircraft system operations, and establishing a strong pipeline to ensure a robust unmanned aircraft system workforce. “(5) The analysis of unmanned aircraft system data and trends. “(6) Unmanned aircraft system infrastructure, including the use of existing aviation infrastructure and the development of necessary infrastructure. “(c) Membership.—“(1) In general.—The Advisory Committee shall be composed of not more than 12 members. “(2) Representatives.—The Advisory Committee shall include at least 1 representative of each of the following:“(A) Commercial operators of unmanned aircraft systems. “(B) Unmanned aircraft system manufacturers. “(C) Counter-UAS manufacturers. “(D) FAA [Federal Aviation Administration]-approved unmanned aircraft system service suppliers. “(E) Unmanned aircraft system test ranges under section 44803 of title 49, United States Code. “(F) An unmanned aircraft system physical infrastructure network provider. “(G) Community advocates. “(H) Certified labor organizations representing commercial airline pilots, air traffic control specialists employed by the Administration, certified aircraft maintenance technicians, certified aircraft dispatchers, or aviation safety inspectors. “(I) Academia or a relevant research organization. “(3) Observers.—The Administrator may invite appropriate representatives of other Federal agencies to observe or provide input on the work of the Advisory Committee, but shall not allow such representatives to participate in any decision-making of the Advisory Committee. “(d) Reporting.—“(1) In general.—The Advisory Committee shall submit to the Administrator an annual report of the activities, findings, and recommendations of the Committee. “(2) Congressional reporting.—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] the reports required under paragraph (1). “(e) Prohibition.—The Administrator may not task the Advisory Committee established under this section with a review or the development of recommendations relating to operations conducted under part 121 of title 14, Code of Federal Regulations.”

[For definitions of terms used in section 916 of Pub. L. 118–63, set out above, see this section, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.]

Acceptable Levels of Risk and Risk Assessment Methodology

Pub. L. 118–63, title IX, § 931, May 16, 2024, 138 Stat. 1367, provided that: “(a) In General.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall develop a risk assessment methodology that allows for the determination of acceptable levels of risk for unmanned aircraft system operations, including operations beyond visual line of sight, conducted—“(1) under waivers issued to part 107 of title 14, Code of Federal Regulations; “(2) pursuant to section 44807 of title 49, United States Code; or “(3) pursuant to other applicable regulations, as appropriate. “(b) Risk Assessment Methodology Considerations.—In establishing the risk assessment methodology under this section, the Administrator shall ensure alignment with the considerations included in the order issued by the FAA [Federal Aviation Administration] titled ‘UAS Safety Risk Management Policy’ (FAA Order 8040.6A), and any subsequent amendments to such order, as the Administrator considers appropriate. “(c) Publication.—The Administrator shall make the risk assessment methodology established under this section available to the public on an appropriate website of the Administration and update such methodology as necessary.”

[For definition of “unmanned aircraft system” as used in section 931 of Pub. L. 118–63, set out above, see this section, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.]

Special Authority for Transport of Hazardous Materials by Commercial Package Delivery Unmanned Aircraft Systems