ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

49 U.S.C. § 44806Public unmanned aircraft systems and public safety use of tethered unmanned aircraft systems

submitted 8 years ago by Pub. L. 115-254 to r/title-49-TRANSPORTATION · 747 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must speed up approvals for public agencies flying drones for testing or public safety. Small tethered drones used by police and fire departments can fly with fewer FAA requirements. The FAA also helps federal agencies use collision-avoidance technology.

(a) Guidance. The Secretary of Transportation must issue guidance on operating public drones to (1) speed up issuing certificates of authorization or waiver, (2) help public agencies build and use test ranges, within FAA operating limits, to test and fly public drones, and (3) explain a public agency's responsibilities when flying a drone without an FAA civil airworthiness certificate. (b) Agreements With Government Agencies. (1) The Secretary must make an agreement with each appropriate public agency to simplify issuing waivers or authorizations for public drone flights in the national airspace. (2) That agreement must (A) for such applications, (i) provide expedited review, (ii) require the Administrator to decide within 60 business days of submission, and (iii) allow an expedited appeal if disapproved; (B) allow one-time approval covering similar operations over a fixed period; and (C) let a public safety agency fly a drone weighing 4.4 pounds or less if it's flown (i) within or beyond visual line of sight, (ii) below 400 feet, (iii) in daylight, (iv) in Class G airspace, and (v) more than 5 statute miles from any airport or other aviation-activity site. (c) Public Safety Use of Actively Tethered Unmanned Aircraft Systems. (1) The Administrator must allow, and may issue guidance on, public safety organizations using actively tethered drones that are (A) flown (i) at or below 150 feet in Class B, C, D, E, or G airspace, not above the ceiling shown on the FAA's UAS Facility Maps where one applies, (ii) within zero-grid areas on those maps only during life-saving or emergency situations and after notifying the FAA as the Administrator directs, or (iii) above 150 feet in those airspace classes only with the Administrator's prior authorization; (B) not flown directly over non-participating people; (C) kept within the operator's visual line of sight; and (D) flown so as not to interfere with, and to give way to, other aircraft. (2) These systems may fly (A) without a certificate of authorization, waiver, or other FAA approval, (B) without pilot certification under section 44703, and (C) without airworthiness certification under section 44704. (3) They're also exempt from section 44805's requirements while operating under the (1) guidance. (4) None of this stops the Administrator from issuing new rules for these systems later to protect airspace safety. (d) Federal Agency Coordination to Enhance the Public Health and Safety Capabilities of Public Unmanned Aircraft Systems. The Administrator must help federal civilian agencies flying drones in controlled airspace deploy and integrate sense-and-avoid capability as needed for safe operation. (e) Definition. "Public safety organization" means a group mainly focused on public safety and well-being, including law enforcement, fire departments, emergency medical services, and similar organizations.
the actual law source: uscode.house.gov ↗public domain
(a)Guidance.—

The Secretary of Transportation shall issue guidance regarding the operation of a public unmanned aircraft system

(1)

to streamline and expedite the process for the issuance of a certificate of authorization or a certificate of waiver;

(2)

to facilitate the capability of public agencies to develop and use test ranges, subject to operating restrictions required by the Federal Aviation Administration, to test and operate public unmanned aircraft systems; and

(3)

to provide guidance on a public agency’s responsibilities when operating an unmanned aircraft without a civil airworthiness certificate issued by the Administration.

(b)Agreements With Government Agencies.—
(1)In general.—

The Secretary shall enter into an agreement with each appropriate public agency to simplify the process for issuing a certificate of waiver or a certificate of authorization with respect to an application for authorization to operate a public unmanned aircraft system in the national airspace system.

(2)Contents.—

An agreement under paragraph (1) shall—

(A)

with respect to an application described in paragraph (1)—

(i)

provide for an expedited review of the application;

(ii)

require a decision by the Administrator on approval or disapproval not later than 60 business days after the date of submission of the application; and

(iii)

allow for an expedited appeal if the application is disapproved;

(B)

allow for a one-time approval of similar operations carried out during a fixed period of time; and

(C)

allow a government public safety agency to operate an unmanned aircraft weighing 4.4 pounds or less if that unmanned aircraft is operated—

(i)

within or beyond the visual line of sight of the operator;

(ii)

less than 400 feet above the ground;

(iii)

during daylight conditions;

(iv)

within Class G airspace; and

(v)

outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities.

(c)Public Safety Use of Actively Tethered Unmanned Aircraft Systems.—
(1)In general.—

The Administrator of the Federal Aviation Administration shall permit, and may issue guidance regarding, the use of actively tethered unmanned aircraft systems by a public safety organization for such systems that are—

(A)

operated—

(i)

at or below an altitude of 150 feet above ground level within class B, C, D, E, or G airspace, but not at a greater altitude than the ceiling depicted on the UAS Facility Maps published by the Federal Aviation Administration, where applicable;

(ii)

within zero-grid airspaces as depicted on such UAS Facility Maps, only if operated in life-saving or emergency situations and with prior notification to the Administration in a manner determined by the Administrator; or

(iii)

above 150 feet above ground level within class B, C, D, E, or G airspace only with prior authorization from the Administrator;

(B)

not flown directly over non-participating persons;

(C)

operated within visual line of sight of the operator; and

(D)

operated in a manner that does not interfere with and gives way to any other aircraft.

(2)Requirements.—

Public actively tethered unmanned aircraft systems may be operated—

(A)

without any requirement to obtain a certificate of authorization, certificate of waiver, or other approval by the Federal Aviation Administration;

(B)

without requiring airman certification under section 44703 of this title or any rule or regulation relating to airman certification; and

(C)

without requiring airworthiness certification under section 44704 of this title or any rule or regulation relating to aircraft certification.

(3)Safety standards.—

Actively tethered unmanned aircraft systems operated within the scope of the guidance issued pursuant to paragraph (1) shall be exempt from the requirements of section 44805 of this title.

(4)Savings provision.—

Nothing in this subsection shall be construed to preclude the Administrator of the Federal Aviation Administration from issuing new regulations for public actively tethered unmanned aircraft systems in order to ensure the safety of the national airspace system.

(d)Federal Agency Coordination to Enhance the Public Health and Safety Capabilities of Public Unmanned Aircraft Systems.—

The Administrator shall assist Federal civilian Government agencies that operate unmanned aircraft systems within civil-controlled airspace, in operationally deploying and integrating sense and avoid capabilities, as necessary to operate unmanned aircraft systems safely within the national airspace system.

(e)Definition.—

In this section, the term “public safety organization” means an entity that primarily engages in activities related to the safety and well-being of the general public, including law enforcement, fire departments, emergency medical services, and other organizations that protect and serve the public in matters of safety and security.

Source credit: (Added Pub. L. 115–254, div. B, title III, § 346(a), Oct. 5, 2018, 132 Stat. 3294; amended Pub. L. 118–63, title IX, § 926(a), May 16, 2024, 138 Stat. 1360.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-254 · 132 Stat. 3294
  • 2024Amended · Pub. L. 118-63 · 138 Stat. 1360

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-254 on 2018-10-05.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case