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

submitted 8 years ago by Pub. L. 115-254 to r/title-49-TRANSPORTATION · 787 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Transportation had to plan how to safely bring civilian drones into U.S. airspace. The plan set deadlines for rules on drone standards, safety, and testing. The Secretary also had to publish rules, including one on small drones.

(a) Required Planning for Integration. (1) By November 10, 2012, the Secretary of Transportation, working with aviation industry, federal agencies using drones, and the drone industry, had to build a full plan to safely speed up bringing civilian drones into the national airspace system. (2) That plan had to include, at minimum, recommendations or projections on (A) the rulemaking required under (b), including how it would define acceptable operating and certification standards, ensure drones include a sense-and-avoid capability, and set registration and licensing standards for drone operators and pilots; (B) the best ways to improve the technology needed for safe, routine drone operations; (C) a phased approach to integrating drones; (D) a timeline for that phased approach; (E) creating a safe airspace category for combined manned and unmanned flights; (F) a process for certification, flight standards, and air traffic rules for drones tested at test ranges; (G) the best ways to keep civil and public drones operating safely together; and (H) folding the plan into the FAA's annual NextGen Implementation Plan. (3) The plan had to provide for safe drone integration as soon as practical, but no later than September 30, 2015. (4) By February 14, 2013, the Secretary had to send Congress a copy of the plan. (5) By February 14, 2013, the Secretary also had to publish a 5-year roadmap, coordinated by the Unmanned Aircraft Program Office, for bringing civilian drones into the airspace, and had to update it yearly with NASA and other stakeholders. The roadmap had to include, at minimum, (A) cost estimates, schedules, and benchmarks — including tasks, milestones, and timelines — identifying the role of the test ranges and the UAS Center of Excellence, performance goals for drones in the airspace, and research priorities to help air traffic controllers with drone integration; (B) how the FAA plans to use research, including NASA's UAS Traffic Management work, to fit drones into the airspace; (C) an assessment of the key abilities needed for integration and how to prove them; and (D) an update on the technology needed for integration, including automated decision-making and cyber-physical security. (b) Rulemaking. Within 18 months of the plan going to Congress, the Secretary had to publish in the Federal Register (1) a final rule letting small drones operate civilly in the national airspace, except to the extent they qualify for the faster approval process under section 44807; (2) a proposed rule carrying out the plan's recommendations, with the final version due within 16 months of the proposal's publication; and (3) an update to the FAA's most recent drone policy statement, in Docket No. FAA–2006–25714.
the actual law source: uscode.house.gov ↗public domain
(a)Required Planning for Integration.—
(1)Comprehensive plan.—

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.

(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.

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

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-254 · 132 Stat. 3285

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

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