§ 44802. Integration of civil unmanned aircraft systems into national airspace system

§ 44802. Integration of civil unmanned aircraft systems into national airspace system

(a) Required Planning for Integration.—

(1) Comprehensive plan.— Not later than November 10, 2012,11 See Prior Provisions note below. 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.

(2) Contents of plan.— The plan required under paragraph (1) shall contain, at a minimum, recommendations or projections on—

(A) the rulemaking to be conducted under subsection (b), with specific recommendations on how the rulemaking will—

(i) define the acceptable standards for operation and certification of civil unmanned aircraft systems;

(ii) ensure that any civil unmanned aircraft system includes a sense-and-avoid capability; and

(iii) establish standards and requirements for the operator and pilot of a civil unmanned aircraft system, including standards and requirements for registration and licensing;

(B) 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;

(C) a phased-in approach to the integration of civil unmanned aircraft systems into the national airspace system;

(D) a timeline for the phased-in approach described under subparagraph (C);

(E) creation of a safe airspace designation for cooperative manned and unmanned flight operations in the national airspace system;

(F) 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;

(G) 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

(H) incorporation of the plan into the annual NextGen Implementation Plan document (or any successor document) of the Federal Aviation Administration.

(3) Deadline.— 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

(4) Report to congress.— Not later than February 14, 2013,^1 the Secretary shall submit to Congress a copy of the plan required under paragraph (1).

(5) Roadmap.— Not later than February 14, 2013,^1 the Secretary shall approve and make available in print and on the Administration’s internet website a 5-year roadmap for the introduction of civil unmanned aircraft systems into the national airspace system, as coordinated by the Unmanned Aircraft Program Office of the Administration. The Secretary shall update, in coordination with the Administrator of the National Aeronautics and Space Administration (NASA) and relevant stakeholders, including those in industry and academia, the roadmap annually. The roadmap shall include, at a minimum—

(A) cost estimates, planned schedules, and performance benchmarks, including specific tasks, milestones, and timelines, for unmanned aircraft systems integration into the national airspace system, including an identification of—

(i) the role of the unmanned aircraft systems test ranges established under subsection (c) and the Unmanned Aircraft Systems Center of Excellence;

(ii) performance objectives for unmanned aircraft systems that operate in the national airspace system; and

(iii) 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;

(B) 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;

(C) 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

(D) 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.

(b) Rulemaking.— Not later than 18 months after the date on which the plan required under subsection (a)(1) is submitted to Congress under subsection (a)(4), the Secretary shall publish in the Federal Register—

(1) 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;

(2) 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

(3) an update to the Administration’s most recent policy statement on unmanned aircraft systems, contained in Docket No. FAA–2006–25714.

(Added Pub. L. 115–254, div. B, title III, § 341(a), Oct. 5, 2018, 132 Stat. 3285.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 332(a) and (b) 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 dates in subsec. (a)(1) and (3) to (5) reflect those enacted by Pub. L. 112–95, which all precede the date of the enactment of this section by Pub. L. 115–254. The remainder of the note comprised of subtitle B of title III of Pub. L. 112–95 was transferred and is set out below.

Statutory Notes and Related Subsidiaries

Part 107 Waiver Improvements

Pub. L. 118–63, title IX, § 908, May 16, 2024, 138 Stat. 1343, provided that: “(a) In General.—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. “(b) Standardization of Waiver Application.—“(1) In general.—In carrying out subsection (a), the Administrator shall improve the process to submit requests for certificates of waiver described in subsection (a). “(2) Format.—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. “(3) Data.—“(A) In general.—In carrying out paragraph (1), the Administrator shall leverage data gathered from previous requests for certificates of waivers. “(B) Considerations.—In carrying out subparagraph (A), the Administrator shall safely use—“(i) big data analytics; and “(ii) machine learning. “(c) Consideration of Property Access.—“(1) In general.—In determining whether to issue a certificate of waiver under section 107.200 of title 14, Code of Federal Regulations, the Administrator shall—“(A) consider whether the waiver applicant has control over access to all real property on the ground within the area of operation; and “(B) recognize and account for the safety enhancements of such controlled access. “(2) Rule of construction.—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. “(d) Public Availability of Waivers.—“(1) In general.—The Administrator shall publish all certificates of waiver issued under section 107.200 of title 14, Code of Federal Regulations, on the website of the FAA, including, with respect to each issued certificate of waiver—“(A) the terms, conditions, and limitations; and “(B) the class of airspace and any restrictions related to operating near airports or heliports. “(2) Publication.—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. “(e) Precedential Use of Previously Approved Waivers.—“(1) Waiver approval precedent.—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. “(2) Rule of construction.—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. “(f) Modification of Waivers.—“(1) In general.—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. “(2) Use of review process.—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.”

[For definition of “certificate of waiver” as used in section 908 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.]

Drone Infrastructure Inspection Grant Program

Pub. L. 118–63, title IX, § 912, May 16, 2024, 138 Stat. 1348, provided that: “(a) Authority.—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. “(b) Use of Grant Amounts.—A governmental entity may use a grant provided under this section to—“(1) purchase or lease small unmanned aircraft systems; “(2) support the operational capabilities of small unmanned aircraft systems used by the governmental entity; “(3) 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 “(4) 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). “(c) Application.—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. “(d) Selection of Applicants.—In selecting an application for a grant under this section, the Secretary shall prioritize applications that propose to—“(1) carry out a project in a variety of communities, including urban, suburban, rural, Tribal, or any other type of community; and “(2) address a safety risk in the inspection, operation, construction, maintenance, or repair of an element of critical infrastructure. “(e) Rule of Construction.—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. “(f) Report to Congress.—Not later than 2 years after the first grant is provided under this section, the Secretary 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 that evaluates the program carried out under this section that includes—“(1) a description of the number of grants provided under this section; “(2) the amount of each grant provided under this section; “(3) the activities carried out with a grant provided under this section; and “(4) the effectiveness of such activities in meeting the objectives described in subsection (a). “(g) Funding.—“(1) Federal share.—“(A) In general.—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. “(B) Waiver.—The Secretary may increase the Federal share under subparagraph (A) to up to 75 percent for a project carried out using a grant provided under this section by a governmental entity if such entity—“(i) submits a written application to the Secretary requesting an increase in the Federal share; and “(ii) 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. “(2) Authorization of appropriations.—Out of amounts authorized to be appropriated under section 106(k) of title 49, United States Code, the following amounts are authorized to carry out this section:“(A) $12,000,000 for fiscal year 2025. “(B) $12,000,000 for fiscal year 2026. “(C) $12,000,000 for fiscal year 2027. “(D) $12,000,000 for fiscal year 2028. “(h) Definitions.—In this section:“(1) Critical infrastructure.—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)). “(2) Element of critical infrastructure.—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. “(3) Governmental entity.—The term ‘governmental entity’ means—“(A) a State, the District of Columbia, the Commonwealth of Puerto Rico, a territory of the United States, or a political subdivision thereof; “(B) a unit of local government; “(C) a Tribal government; “(D) a metropolitan planning organization; or “(E) a consortia of more than 1 of the entities described in subparagraphs (A) through (D). “(4) Project.—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.”

[For definitions of terms used in section 912 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.]

UAS Integration Strategy