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49 U.S.C. § 44805Small unmanned aircraft safety standards

submitted 8 years ago by Pub. L. 115-254 to r/title-49-TRANSPORTATION · 1,059 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FAA must accept industry safety standards for designing and building small drones. Manufacturers can then self-certify that their drones meet those standards. The FAA can inspect drones, revoke approvals, and penalize false compliance statements.

(a) FAA Process for Acceptance and Authorization. The Administrator must set up a process for (1) accepting risk-based, industry-consensus safety standards for designing, producing, and modifying small drones; (2) authorizing operation of a specific drone make and model built to those accepted standards; (3) letting a manufacturer self-certify that a drone make or model meets the accepted standards; and (4) certifying a manufacturer, or its employee, who has shown compliance with the accepted standards and met other criteria the Administrator sets, as an alternate way to satisfy (1). (b) Considerations. Before accepting consensus standards, the Administrator must consider (1) technology or standards for geographic and altitude limits and sense-and-avoid capability; (2) using performance-based requirements; (3) assessing different risk levels among drones and tailoring requirements to match; (4) a pre-planned action for keeping safety if the operator loses or the link to the drone is compromised; (5) how detectable and identifiable the drone is to pilots, the FAA, and air traffic controllers; (6) ways to stop and detect tampering with any safety system or standard; (7) the consensus identification standards under section 2202 of the 2016 FAA Extension, Safety, and Security Act; (8) cost-benefit and risk analysis of standards for newly designed drones, to the extent not already done by the group that wrote the standards; (9) whether the standards apply to non-commercially made drones; (10) any technology or standard that improves drone safety; and (11) any category of drones that risk factors say should be exempt from the standards. (c) Nonapplicability of Other Laws. The authorization process under (a) may let qualifying small drones fly in the national airspace without needing (1) airworthiness certification under section 44704, or (2) type certification under part 21 of title 14, Code of Federal Regulations. (d) Revocation. The Administrator may suspend or revoke an authorization under (a) if the manufacturer or drone stops meeting the accepted standards or the manufacturer's statement of compliance under (f). (e) Requirements. For an authorization under (a), the Administrator may require a manufacturer to give the FAA (1) the drone's operating instructions, (2) its recommended maintenance and inspection procedures, (3) the manufacturer's statement of compliance described in (f), and (4) on request, a sample aircraft for FAA inspection to check standards compliance. (f) Manufacturer's Statement of Compliance for Small UAS. This statement must (1) identify the aircraft's make, model, serial number range, and the consensus standards used and accepted; (2) say the aircraft meets those standards; (3) say the aircraft matches the manufacturer's design and is built consistently across units to meet the standards; (4) say the manufacturer will give the FAA, operators, or customers (A) operating instructions matching the standards, and (B) maintenance and inspection procedures matching the standards; (5) say the manufacturer will watch for safety-of-flight issues, act on them to keep meeting the standards, and report issues and actions to the FAA; (6) say the manufacturer will give the Administrator reasonable facility access, on request, to check compliance; and (7) say the manufacturer has, following the accepted standards, (A) ground- and flight-tested random samples, (B) found the samples' performance acceptable, and (C) decided the make and model is safe to operate. (g) Prohibitions. (1) It is illegal to knowingly submit a fraudulent or intentionally false statement of compliance under (f). (2) Unless the Administrator decides a drone can operate without an airworthiness certificate or approval under (a), it is illegal to knowingly bring into interstate commerce a small drone built after the Administrator accepts standards under this section, unless (A) its make and model is authorized under (a), or (B) it has separate FAA design and production approval. (h) Exclusions. The Administrator may exempt from this section small drones that can't fly beyond the operator's visual line of sight using advanced flight tech, if doing so doesn't risk national airspace safety.
the actual law source: uscode.house.gov ↗public domain
(a)FAA Process for Acceptance and Authorization.—

The Administrator of the Federal Aviation Administration shall establish a process for—

(1)

accepting risk-based consensus safety standards related to the design, production, and modification of small unmanned aircraft systems;

(2)

authorizing the operation of a small unmanned aircraft system make and model designed, produced, or modified in accordance with the consensus safety standards accepted under paragraph (1);

(3)

authorizing a manufacturer to self-certify a small unmanned aircraft system make or model that complies with consensus safety standards accepted under paragraph (1); and

(4)

certifying a manufacturer of small unmanned aircraft systems, or an employee of such manufacturer, that has demonstrated compliance with the consensus safety standards accepted under paragraph (1) and met any other qualifying criteria, as determined by the Administrator, to alternatively satisfy the requirements of paragraph (1).

(b)Considerations.—

Before accepting consensus safety standards under subsection (a), the Administrator of the Federal Aviation Administration shall consider the following:

(1)

Technologies or standards related to geographic limitations, altitude limitations, and sense and avoid capabilities.

(2)

Using performance-based requirements.

(3)

Assessing varying levels of risk posed by different small unmanned aircraft systems and their operation and tailoring performance-based requirements to appropriately mitigate risk.

(4)

Predetermined action to maintain safety in the event that a communications link between a small unmanned aircraft and its operator is lost or compromised.

(5)

Detectability and identifiability to pilots, the Federal Aviation Administration, and air traffic controllers, as appropriate.

(6)

Means to prevent tampering with or modification of any system, limitation, or other safety mechanism or standard under this section or any other provision of law, including a means to identify any tampering or modification that has been made.

(7)

Consensus identification standards under section 2202 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615).

(8)

To the extent not considered previously by the consensus body that crafted consensus safety standards, cost-benefit and risk analyses of consensus safety standards that may be accepted pursuant to subsection (a) for newly designed small unmanned aircraft systems.

(9)

Applicability of consensus safety standards to small unmanned aircraft systems that are not manufactured commercially.

(10)

Any technology or standard related to small unmanned aircraft systems that promotes aviation safety.

(11)

Any category of unmanned aircraft systems that should be exempt from the consensus safety standards based on risk factors.

(c)Nonapplicability of Other Laws.—

The process for authorizing the operation of small unmanned aircraft systems under subsection (a) may allow for operation of any applicable small unmanned aircraft systems within the national airspace system without requiring—

(1)

airworthiness certification requirements under section 44704 of this title; or

(2)

type certification under part 21 of title 14, Code of Federal Regulations.

(d)Revocation.—

The Administrator may suspend or revoke the authorizations in subsection (a) if the Administrator determines that the manufacturer or the small unmanned aircraft system is no longer in compliance with the standards accepted by the Administrator under subsection (a)(1) or with the manufacturer’s statement of compliance under subsection (f).

(e)Requirements.—

With regard to an authorization under the processes in subsection (a), the Administrator may require a manufacturer of small unmanned aircraft systems to provide the Federal Aviation Administration with the following:

(1)

The aircraft system’s operating instructions.

(2)

The aircraft system’s recommended maintenance and inspection procedures.

(3)

The manufacturer’s statement of compliance described in subsection (f).

(4)

Upon request, a sample aircraft to be inspected by the Federal Aviation Administration to ensure compliance with the consensus safety standards accepted by the Administrator under subsection (a).

(f)Manufacturer’s Statement of Compliance for Small UAS.—

A manufacturer’s statement of compliance shall—

(1)

identify the aircraft make, model, range of serial numbers, and any applicable consensus safety standards used and accepted by the Administrator;

(2)

state that the aircraft make and model meets the provisions of the consensus safety standards identified in paragraph (1);

(3)

state that the aircraft make and model conforms to the manufacturer’s design data and is manufactured in a way that ensures consistency across units in the production process in order to meet the applicable consensus safety standards accepted by the Administrator;

(4)

state that the manufacturer will make available to the Administrator, operators, or customers—

(A)

the aircraft’s operating instructions, which conform to the consensus safety standards identified in paragraph (1); and

(B)

the aircraft’s recommended maintenance and inspection procedures, which conform to the consensus safety standards identified in paragraph (1);

(5)

state that the manufacturer will monitor safety-of-flight issues and take action to ensure it meets the consensus safety standards identified in paragraph (1) and report these issues and subsequent actions to the Administrator;

(6)

state that at the request of the Administrator, the manufacturer will provide reasonable access for the Administrator to its facilities for the purposes of overseeing compliance with this section; and

(7)

state that the manufacturer, in accordance with the consensus safety standards accepted by the Federal Aviation Administration, has—

(A)

ground and flight tested random samples of the aircraft;

(B)

found the sample aircraft performance acceptable; and

(C)

determined that the make and model of aircraft is suitable for safe operation.

(g)Prohibitions.—
(1)False statements of compliance.—

It shall be unlawful for any person to knowingly submit a statement of compliance described in subsection (f) that is fraudulent or intentionally false.

(2)Introduction into interstate commerce.—

Unless the Administrator determines operation of an unmanned aircraft system may be conducted without an airworthiness certificate or permission, authorization, or approval under subsection (a), it shall be unlawful for any person to knowingly introduce or deliver for introduction into interstate commerce any small unmanned aircraft system that is manufactured after the date that the Administrator accepts consensus safety standards under this section unless—

(A)

the make and model has been authorized for operation under subsection (a); or

(B)

the aircraft has alternatively received design and production approval issued by the Federal Aviation Administration.

(h)Exclusions.—

The Administrator may exempt from the requirements of this section small unmanned aircraft systems that are not capable of navigating beyond the visual line of sight of the operator through advanced flight systems and technology, if the Administrator determines that such an exemption does not pose a risk to the safety of the national airspace system.

Source credit: (Added Pub. L. 115–254, div. B, title III, § 345(a), Oct. 5, 2018, 132 Stat. 3291; amended Pub. L. 118–63, title IX, § 903, May 16, 2024, 138 Stat. 1341.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-254 · 132 Stat. 3291
  • 2024Amended · Pub. L. 118-63 · 138 Stat. 1341

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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