49 U.S.C. § 44801 — Definitions

Page 1393 TITLE 49—TRANSPORTATION § 44801 Administrator, shall be removed for inactivity from the public listings described in subsection (d)(1)(B), after informing the Secretary of Trans- portation and the Secretary of State. (f) CONSISTENCY.— (1) IN GENERAL.—The Administration shall use data, tools, and methods that ensure transparency and repeatability of assessments conducted under this section. (2) TRAINING.—The Administrator shall en- sure that Administration personnel are prop- erly and adequately trained to carry out the assessments set forth in this section, includ- ing with respect to the standards, method- ology, and material used to make determina- tions under this section. (Added Pub. L. 118–63, title III, § 369(a), May 16, 2024, 138 Stat. 1137.) Editorial Notes REFERENCES IN TEXT The Convention on International Civil Aviation, re- ferred to in subsec. (a)(2)(B)(i), was done at Chicago on Dec. 7, 1944, and entered into force for the United States on Apr. 4, 1947. § 44748. Aircraft dispatching (a) AIRCRAFT DISPATCHING CERTIFICATE.—No person may serve as an aircraft dispatcher for an air carrier unless such person holds the ap- propriate aircraft dispatcher certificate issued by the Administrator of the Federal Aviation Administration. (b) PROOF OF CERTIFICATION.—Upon the request of the Administrator or an authorized represent- ative of the National Transportation Safety Board, or other appropriate Federal agency, a person who holds such a certificate, and is per- forming dispatching, shall present the certifi- cate for inspection. (c) DISPATCH CENTERS AND FLIGHT FOLLOWING CENTERS.— (1) ESTABLISHMENT.—Each air carrier shall establish and maintain sufficient dispatch cen- ters and flight following centers necessary to maintain operational control of each flight of the air carrier at all times. (2) REQUIREMENTS.—An air carrier shall en- sure that each dispatch center and flight fol- lowing center of the air carrier— (A) has a sufficient number of aircraft dis- patchers on duty at the dispatch center or flight following center to ensure proper operational control of each flight of the air carrier at all times; (B) has the necessary equipment, in good repair, to maintain proper operational con- trol of each flight of the air carrier at all times; and (C) includes the presence of physical secu- rity and cybersecurity protections to pre- vent unauthorized access to the dispatch center or flight following center or to the operations of either such center. (d) PROHIBITION.— (1) IN GENERAL.—Except as provided in para- graph (2), an air carrier may not dispatch air- craft from any location other than the dis- patch center or flight following center of the air carrier. (2) EMERGENCY AUTHORITY.—In the event of an emergency or other event that renders a dispatch center or a flight following center in- operable, an air carrier may dispatch aircraft from a location other than the dispatch center or flight following center of the air carrier for a period of time not to exceed 14 consecutive days per location without approval of the Ad- ministrator. (Added Pub. L. 118–63, title IV, § 420(b)(1), May 16, 2024, 138 Stat. 1164.) CHAPTER 448—UNMANNED AIRCRAFT SYSTEMS Sec. 44801. Definitions. 44802. Integration of civil unmanned aircraft sys- tems into national airspace system. 44803. Unmanned aircraft system test ranges. 44804. Unmanned aircraft in the Arctic. 44805. Small unmanned aircraft safety standards. 44806. Public unmanned aircraft systems and public safety use of tethered unmanned aircraft systems. 44807. Special authority for certain unmanned air- craft systems. 44808. Carriage of property by small unmanned air- craft systems for compensation or hire. 44809. Exception for limited recreational operations of unmanned aircraft. 44810. Airport safety and airspace hazard mitigation and enforcement. 44811. Beyond visual line of sight operations for un- manned aircraft systems. 44812. Temporary flight restrictions for unmanned aircraft. 44813. Center of Excellence for Unmanned Aircraft Systems. 44814. ASSUREd Safe credentialing authority. Editorial Notes AMENDMENTS 2024—Pub. L. 118–63, title IX, §§ 902(b), 925(b)(2), 926(b), 930(b), 935(b), title X, §§ 1006(b), 1007(b), May 16, 2024, 138 Stat. 1341, 1360, 1361, 1367, 1372, 1389, added items 44803, 44804, 44806, and 44811 to 44814 and struck out former items 44803 ‘‘Unmanned aircraft system test ranges’’, 44804 ‘‘Small unmanned aircraft in the Arctic’’, and 44806 ‘‘Public unmanned aircraft systems’’. 2018—Pub. L. 115–254, div. B, title III, §§ 343(b), 344(b), 345(c), 346(b)(1), 347(b)(1), 348(b), 349(b)(1), 383(b)(1), Oct. 5, 2018, 132 Stat. 3290, 3291, 3293, 3295–3297, 3300, 3322, added items 44803 to 44810. § 44801. Definitions In this chapter, the following definitions apply: (1) ACTIVELY TETHERED UNMANNED AIRCRAFT SYSTEM.—The term ‘‘actively tethered un- manned aircraft system’’ means an unmanned aircraft system in which the unmanned air- craft component— (A) weighs 55 pounds or less, including pay- load but not including the tether; (B) is physically attached to a ground sta- tion with a taut, appropriately load-rated tether that provides continuous power to the unmanned aircraft and is unlikely to be sep- arated from the unmanned aircraft; (C) is controlled and retrieved by such ground station through physical manipula- tion of the tether; (D) is able to maintain safe flight control in the event of a power or flight control fail- ure during flight; and Page 1394 TITLE 49—TRANSPORTATION § 44801 (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 Con- gress’’ means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives. (3) ARCTIC.—The term ‘‘Arctic’’ means the United States zone of the Chukchi Sea, Beau- fort 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 oper- ation. (5) COUNTER-UAS SYSTEM.—The term ‘‘counter-UAS system’’ means a system or de- vice capable of lawfully and safely disabling, disrupting, or seizing control of an unmanned aircraft or unmanned aircraft system. (6) PERMANENT AREAS.—The term ‘‘perma- nent 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 re- quired for operation of a public aircraft. (8) SENSE AND AVOID CAPABILITY.—The term ‘‘sense and avoid capability’’ means the capa- bility 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 un- manned 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 re- search and development are conducted as au- thorized 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 ‘‘un- manned aircraft’’ means an aircraft that is op- erated without the possibility of direct human intervention from within or on the aircraft. (12) UNMANNED AIRCRAFT SYSTEM.—The term ‘‘unmanned aircraft system’’ means an un- manned aircraft and associated elements (in- cluding communication links and the compo- nents 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 un- manned 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 sub- par. (A) and struck out former subpar. (A) which read as follows: ‘‘weighs 4.4 pounds or less, including pay- load 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 sec- tion 44803’’ for ‘‘any of the 6 test ranges established by the Administrator under section 332(c) of the FAA Mod- ernization 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 Administra- tion 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 GUID- ANCE.—Not later than 180 days after the date of enact- ment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall publish un- manned aircraft system-specific environmental review guidance and implementation procedures and, there- after, revise such guidance and procedures as appro- priate 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 Ad- ministrator. ‘‘(c) PROGRAMMATIC LEVEL APPROACH TO NEPA RE- VIEW.—Not later than 180 days after the date of enact- ment of this Act, the Administrator shall examine and integrate programmatic-level approaches to the re- quirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by which the Adminis- trator can— ‘‘(1) leverage an environmental review for un- manned aircraft operations within a defined geo- graphic region, including within and over commercial sites, industrial sites, or other sites closed or re- stricted to the public; and ‘‘(2) leverage an environmental assessment or envi- ronmental impact statement for nationwide pro- grammatic approaches for large scale distributed un- manned aircraft operations. ‘‘(d) DEVELOPING 1 OR MORE CATEGORICAL EXCLU- SIONS.— ‘‘(1) IN GENERAL.—The Administrator shall engage in periodic consultations with the Council on Envi- ronmental Quality to identify actions that are appro- priate for a new categorical exclusion and shall incor- porate such actions in FAA [Federal Aviation Admin- istration] Order 1050.1F (or successor order) as consid- ered 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 applica- bility 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 Adminis- Page 1395 TITLE 49—TRANSPORTATION § 44801 trator shall brief the appropriate committees of Con- gress [Committee on Commerce, Science, and Transpor- tation 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 RE- QUIREMENTS PENDING STANDARDS DEVELOPMENT.— ‘‘(1) IN GENERAL.—Notwithstanding the require- ments 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 certifi- cations due to the absence of a noise certification basis under such part, if the Administrator has de- veloped 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 an- other 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 sub- stantive 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 re- lated to the noise impacts of an unmanned aircraft. ‘‘(C) PUBLICATION.—The Administrator shall pub- lish 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 de- termines that the design, construction, maintenance and operational sustainability, airworthiness approval, or operational approval of an unmanned aircraft re- quire 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 sub- section (a), the Administrator shall allow for the en- gagement of approved specialized third parties, as ap- propriate, to support an applicant’s preparation of, or the Administration’s preparation and review of, docu- mentation 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 other- wise 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 en- sure the protection of the environment and aviation safety.’’ [For definition of ‘‘unmanned aircraft’’ as used in sec- tion 909 of Pub. L. 118–63, set out above, see this sec- tion, 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 ter- mination of the Advanced Aviation Advisory Com- mittee pursuant to section 915 [138 Stat. 1351], the Ad- ministrator [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 sys- tems and autonomous flight operations into the na- tional 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 ben- efits of using unmanned aircraft systems. ‘‘(3) The development of processes and methodolo- gies to address safety concerns related to the oper- ation of unmanned aircraft systems, including risk assessments and mitigation strategies. ‘‘(4) Unmanned aircraft system training, education, and workforce development programs, including eval- uating 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 un- manned aircraft system workforce. ‘‘(5) The analysis of unmanned aircraft system data and trends. ‘‘(6) Unmanned aircraft system infrastructure, in- cluding 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]-ap- proved 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 infra- structure network provider. ‘‘(G) Community advocates. ‘‘(H) Certified labor organizations representing commercial airline pilots, air traffic control spe- cialists employed by the Administration, certified aircraft maintenance technicians, certified aircraft dispatchers, or aviation safety inspectors. ‘‘(I) Academia or a relevant research organiza- tion. ‘‘(3) OBSERVERS.—The Administrator may invite ap- propriate 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 Con- gress [Committee on Commerce, Science, and Trans- portation of the Senate and Committee on Transpor- tation and Infrastructure of the House of Representa- tives] the reports required under paragraph (1). Page 1396 TITLE 49—TRANSPORTATION § 44801 ‘‘(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 appli- cable 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 Ad- ministrator [of the Federal Aviation Administration] shall develop a risk assessment methodology that al- lows for the determination of acceptable levels of risk for unmanned aircraft system operations, including op- erations 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 ap- propriate. ‘‘(b) RISK ASSESSMENT METHODOLOGY CONSIDER- ATIONS.—In establishing the risk assessment method- ology under this section, the Administrator shall en- sure alignment with the considerations included in the order issued by the FAA [Federal Aviation Administra- tion] titled ‘UAS Safety Risk Management Policy’ (FAA Order 8040.6A), and any subsequent amendments to such order, as the Administrator considers appro- priate. ‘‘(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 method- ology 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 UN- MANNED AIRCRAFT SYSTEMS Pub. L. 118–63, title IX, § 933, May 16, 2024, 138 Stat. 1368, provided that: ‘‘(a) IN GENERAL.—Notwithstanding any other Fed- eral requirement or restriction related to the transpor- tation of hazardous materials on aircraft, the Sec- retary [of Transportation] shall, beginning not later than 180 days after enactment of this section [May 16, 2024], use a risk-based approach to establish the oper- ational requirements, standards, or special permits necessary to approve or authorize an air carrier to transport hazardous materials by unmanned aircraft systems providing common carriage under part 135 of title 14, Code of Federal Regulations, or under suc- cessor authorities, as applicable, based on the weight, amount, and type of hazardous material being trans- ported and the characteristics of the operations subject to such requirements, standards, or special purposes. ‘‘(b) REQUIREMENTS.—In carrying out subsection (a), the Secretary shall consider, at a minimum— ‘‘(1) the safety of the public and users of the na- tional airspace system; ‘‘(2) efficiencies of allowing the safe transportation of hazardous materials by unmanned aircraft systems and whether such transportation complies with the hazardous materials regulations under subchapter C of chapter I of title 49, Code of Federal Regulations, including any changes to such regulations issued pur- suant to this section; ‘‘(3) the risk profile of the transportation of haz- ardous materials by unmanned aircraft systems, tak- ing into consideration the risk associated with dif- fering weights, quantities, and packing group classi- fications of hazardous materials; ‘‘(4) mitigations to the risk of the hazardous mate- rials being transported, based on the weight, amount, and type of materials being transported and the char- acteristics of the operation, including operational and aircraft-based mitigations; and ‘‘(5) the altitude at which unmanned aircraft oper- ations are conducted. ‘‘(c) SAFETY RISK ASSESSMENTS.—The Secretary may require unmanned aircraft systems operators to submit a safety risk assessment acceptable to the Adminis- trator [of the Federal Aviation Administration], as part of the operator certification process, in order for such operators to perform the carriage of hazardous materials as authorized under this section. ‘‘(d) CONFORMITY OF HAZARDOUS MATERIALS REGULA- TIONS.—The Secretary shall make such changes as are necessary to conform the hazardous materials regula- tions under parts 173 and 175 of title 49, Code of Federal Regulations, to this section. Such changes shall be made concurrently with the activities described in sub- section (a). ‘‘(e) STAKEHOLDER INPUT ON CHANGES TO THE HAZ- ARDOUS MATERIALS REGULATIONS.— ‘‘(1) IMPLEMENTATION.—Not later than 180 days of the date of enactment of this Act [May 16, 2024], the Secretary shall hold a public meeting to obtain input on changes necessary to implement this section. ‘‘(2) PERIODIC UPDATES.—The Secretary shall— ‘‘(A) periodically review, as necessary, amounts of hazardous materials allowed to be carried by un- manned aircraft systems pursuant to this section; and ‘‘(B) determine whether such amounts should be revised, based on operational and safety data, with- out negatively impacting overall aviation safety. ‘‘(f) SAVINGS CLAUSE.—Nothing in this section shall be construed to— ‘‘(1) limit the authority of the Secretary, the Ad- ministrator, or the Administrator of the Pipeline and Hazardous Materials Safety Administration from im- plementing requirements to ensure the safe carriage of hazardous materials by aircraft; and ‘‘(2) confer upon the Administrator the authorities of the Administrator of the Pipeline and Hazardous Materials Safety Administration under part 175 of title 49, Code of Federal Regulations, and chapter 51 of title 49, United States Code. ‘‘(g) DEFINITION OF HAZARDOUS MATERIALS.—In this section, the term ‘hazardous materials’ has the mean- ing given such term in section 5102 of title 49, United States Code.’’ [For definitions of ‘‘unmanned aircraft system’’ and ‘‘unmanned aircraft’’ as used in section 933 of Pub. L. 118–63, set out above, see this section, as made applica- ble by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.] OPERATIONS OVER HIGH SEAS Pub. L. 118–63, title IX, § 934, May 16, 2024, 138 Stat. 1369, provided that: ‘‘(a) IN GENERAL.—To the extent permitted by treaty obligations of the United States, including the Conven- tion on International Civil Aviation (in this section re- ferred to as ‘ICAO’), the Administrator [of the Federal Aviation Administration] shall work with other civil aviation authorities to establish and implement oper- ational approval processes to permit unmanned aircraft systems to operate over the high seas within flight in- formation regions for which the United States is re- sponsible for operational control. ‘‘(b) CONSULTATION.—In establishing and imple- menting the operational approval process under sub- section (a), the Administrator shall consult with appro- priate stakeholders, including industry stakeholders. ‘‘(c) ICAO ACTIVITIES.—Not later than 6 months after the date of enactment of this Act [May 16, 2024], the Ad- ministrator shall engage ICAO through the submission Page 1397 TITLE 49—TRANSPORTATION § 44801 of a working paper, panel proposal, or other appro- priate mechanism to clarify the permissibility of un- manned aircraft systems to operate over the high seas. ‘‘(d) REVIEW.—Not later than 6 months after the date of enactment of this Act, the Administrator shall re- view whether, and to what extent, ICAO member states are approving the operation of unmanned aircraft sys- tems over the high seas and brief the appropriate com- mittees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Rep- resentatives] regarding the findings of such review.’’ [For definition of ‘‘unmanned aircraft system’’ as used in section 934 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.] COVERED DRONE PROHIBITION Pub. L. 118–63, title IX, § 936, May 16, 2024, 138 Stat. 1372, provided that: ‘‘(a) PROHIBITIONS.—The Secretary [of Transpor- tation] is prohibited from— ‘‘(1) entering into, extending, or renewing a con- tract or awarding a grant— ‘‘(A) for the operation, procurement, or con- tracting action with respect to a covered unmanned aircraft system; or ‘‘(B) to an entity that operates (as determined by the Administrator [of the Federal Aviation Admin- istration]) a covered unmanned aircraft system in the performance of such contract; ‘‘(2) issuing a grant to a covered foreign entity for any project related to covered unmanned aircraft sys- tems; and ‘‘(3) operating a covered unmanned aircraft system. ‘‘(b) EXEMPTIONS.—The Secretary is exempt from any prohibitions under subsection (a) if the grant, oper- ation, procurement, or contracting action is for the purposes of testing, researching, evaluating, analyzing, or training related to— ‘‘(1) unmanned aircraft detection systems and counter-UAS systems, including activities con- ducted— ‘‘(A) under the Alliance for System Safety of UAS through Research Excellence Center of Excellence of the FAA [Federal Aviation Administration]; or ‘‘(B) by the unmanned aircraft system test ranges designated under section 44803 of title 49, United States Code; ‘‘(2) the safe, secure, or efficient operation of the national airspace system or maintenance of public safety; ‘‘(3) the safe integration of advanced aviation tech- nologies into the national airspace system, including activities carried out under the Alliance for System Safety of UAS through Research Excellence Center of Excellence of the FAA; ‘‘(4) in coordination with other relevant Federal agencies, determining security threats of covered un- manned aircraft systems; and ‘‘(5) intelligence, electronic warfare, and informa- tion warfare operations. ‘‘(c) WAIVERS.—The Secretary may waive any restric- tions under subsection (a) on a case-by-case basis by notifying the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and In- frastructure of the House of Representatives] in writ- ing, not later than 15 days after waiving such restric- tions, that the procurement or other activity is in the public interest. ‘‘(d) REPLACEMENT OF CERTAIN UNMANNED AIRCRAFT SYSTEMS.— ‘‘(1) IN GENERAL.—The Secretary shall take such ac- tions as are necessary to replace any covered un- manned aircraft system that is owned or operated by the Department of Transportation as of the date of enactment of this Act [May 16, 2024] with an un- manned aircraft system manufactured in the United States or an allied country (as such term is defined in section 2350f(d)(1) of title 10, United States Code) if the capabilities of such covered unmanned aircraft system are consequential to the work of the Depart- ment or the mission of the Department. ‘‘(2) FUNDING.—There is authorized to be appro- priated to the Secretary $5,000,000 to carry out this subsection. ‘‘(e) EFFECTIVE DATES.— ‘‘(1) OPERATIONS.—The prohibitions under para- graphs (1) and (3) of subsection (a) shall be in effect on the date of enactment of this Act. ‘‘(2) GRANTS.—The prohibitions under paragraphs (1) and (2) of subsection (a) shall— ‘‘(A) not apply to grants awarded before the date of enactment of this Act; and ‘‘(B) apply to grants awarded after the date of en- actment of this Act. ‘‘(f) APPLICATION OF PROHIBITIONS.—The prohibitions under subsection (a) are applicable to all offices and programs of the Department of Transportation, includ- ing— ‘‘(1) aviation research grant programs; ‘‘(2) aviation workforce development programs es- tablished under section 625 of the FAA Reauthoriza- tion Act of 2018 [Pub. L. 115–254] (49 U.S.C. 40101 note); ‘‘(3) FAA Air Transportation Centers of Excellence; ‘‘(4) programs established under sections 631 and 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note); and ‘‘(5) the airport improvement program under sub- chapter I of chapter 471 of title 49, United States Code. ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this section shall prevent a State, local, Tribal, or territorial gov- ernmental agency from procuring or operating a cov- ered unmanned aircraft system purchased with non- Federal funding. ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) COVERED FOREIGN COUNTRY.—The term ‘covered foreign country’ means any of the following: ‘‘(A) The People’s Republic of China. ‘‘(B) The Russian Federation. ‘‘(C) The Islamic Republic of Iran. ‘‘(D) The Democratic People’s Republic of Korea. ‘‘(E) The Bolivarian Republic of Venezuela. ‘‘(F) The Republic of Cuba. ‘‘(G) Any other country the Secretary determines necessary. ‘‘(2) COVERED FOREIGN ENTITY.—The term ‘covered foreign entity’ means— ‘‘(A) an entity included on the list developed and maintained by the Federal Acquisition Security Council and published in the System for Award Management; ‘‘(B) an entity included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce; ‘‘(C) an entity that is domiciled in, or under the influence or control of, a covered foreign country; or ‘‘(D) an entity that is a subsidiary or affiliate of an entity described under subparagraphs (A) through (C). ‘‘(3) COVERED UNMANNED AIRCRAFT SYSTEM.—The term ‘covered unmanned aircraft system’ means— ‘‘(A) a small unmanned aircraft, an unmanned aircraft, and unmanned aircraft system, or the as- sociated elements of such aircraft and aircraft sys- tems related to the collection and transmission of sensitive information (consisting of communication links and the components that control the un- manned aircraft) that enable the operator to oper- ate the aircraft in the National Airspace System which is manufactured or assembled by a covered foreign entity; and ‘‘(B) an unmanned aircraft detection system or counter-UAS system that is manufactured or as- sembled by a covered foreign entity.’’ [For definitions of terms used in section 936 of Pub. L. 118–63, set out above, see this section, as made appli- Page 1398 TITLE 49—TRANSPORTATION § 44802 1 See Prior Provisions note below. cable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.] UNMANNED AIRCRAFT SYSTEMS PRIVACY POLICY Pub. L. 115–254, div. B, title III, § 357, Oct. 5, 2018, 132 Stat. 3305, provided that: ‘‘It is the policy of the United States that the operation of any unmanned aircraft or unmanned aircraft system shall be carried out in a manner that respects and protects personal privacy consistent with the United States Constitution and Federal, State, and local law.’’ STRATEGY FOR RESPONDING TO PUBLIC SAFETY THREATS AND ENFORCEMENT UTILITY OF UNMANNED AIRCRAFT SYSTEMS Pub. L. 115–254, div. B, title III, § 366, Oct. 5, 2018, 132 Stat. 3310, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator of the Federal Aviation Administration shall develop a comprehensive strategy to provide outreach to State and local governments and provide guidance for local law enforcement agencies and first responders with respect to— ‘‘(1) how to identify and respond to public safety threats posed by unmanned aircraft systems; and ‘‘(2) how to identify and take advantage of opportu- nities to use unmanned aircraft systems to enhance the effectiveness of local law enforcement agencies and first responders. ‘‘(b) RESOURCES.—Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a publicly available Internet website that contains resources for State and local law enforcement agencies and first responders seeking— ‘‘(1) to respond to public safety threats posed by un- manned aircraft systems; and ‘‘(2) to identify and take advantage of opportunities to use unmanned aircraft systems to enhance the ef- fectiveness of local law enforcement agencies and public safety response efforts. ‘‘(c) UNMANNED AIRCRAFT SYSTEM DEFINED.—In this section, the term ‘unmanned aircraft system’ has the meaning given that term in section 44801 of title 49, United States Code, as added by this Act.’’ FEDERAL TRADE COMMISSION AUTHORITY Pub. L. 115–254, div. B, title III, § 375, Oct. 5, 2018, 132 Stat. 3314, provided that: ‘‘(a) IN GENERAL.—A violation of a privacy policy by a person that uses an unmanned aircraft system for compensation or hire, or in the furtherance of a busi- ness enterprise, in the national airspace system shall be an unfair and deceptive practice in violation of sec- tion 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)). ‘‘(b) DEFINITIONS.—In this section, the terms ‘un- manned aircraft’ and ‘unmanned aircraft system’ have the meanings given those terms in section 44801 of title 49, United States Code.’’ COMMERCIAL AND GOVERNMENTAL OPERATORS Pub. L. 115–254, div. B, title III, § 379, Oct. 5, 2018, 132 Stat. 3318, provided that: ‘‘(a) IN GENERAL.—Not later than 270 days after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator [of the Federal Aviation Administration] shall, to the extent practicable and consistent with applica- ble law, make available in a single location on the website of the Department of Transportation: ‘‘(1) Any certificate of waiver or authorization issued by the Administration to Federal, State, tribal or local governments for the operation of unmanned aircraft systems within 30 days of issuance of such certificate of waiver or authorization. ‘‘(2) A spreadsheet of UAS registrations, including the city, state [probably should be ‘‘State’’], and zip code of each registered drone owner, on its website that is updated once per quarter each calendar year. ‘‘(3) Summary descriptions and general purposes of public unmanned aircraft operations, including the locations where such unmanned aircraft may gen- erally operate. ‘‘(4) Summary descriptions of common civil un- manned aircraft operations. ‘‘(5) The expiration date of any authorization of public or civil unmanned aircraft operations. ‘‘(6) Links to websites of State agencies that en- force any applicable privacy laws. ‘‘(7) For any unmanned aircraft system, except with respect to any operation protected by the First Amendment to the Constitution of the United States, that will collect personally identifiable information about individuals, including the use of facial recogni- tion— ‘‘(A) the circumstance under which the system will be used; ‘‘(B) the specific kinds of personally identifiable information that the system will collect about indi- viduals; and ‘‘(C) how the information referred to in subpara- graph (B), and the conclusions drawn from such in- formation, will be used, disclosed, and otherwise handled, including— ‘‘(i) how the collection or retention of such in- formation that is unrelated to the specific use will be minimized; ‘‘(ii) under what circumstances such informa- tion might be sold, leased, or otherwise provided to third parties; ‘‘(iii) the period during which such information will be retained; ‘‘(iv) when and how such information, including information no longer relevant to the specified use, will be destroyed; and ‘‘(v) steps that will be used to protect against the unauthorized disclosure of any information or data, such as the use of encryption methods and other security features. ‘‘(8) With respect to public unmanned aircraft sys- tems— ‘‘(A) the locations where the unmanned aircraft system will operate; ‘‘(B) the time during which the unmanned air- craft system will operate; ‘‘(C) the general purpose of the flight; and ‘‘(D) the technical capabilities that the unmanned aircraft system possesses. ‘‘(b) EXCEPTIONS.—The Administrator shall not dis- close information pursuant to subsection (a) if the Ad- ministrator determines that the release of such infor- mation— ‘‘(1) is not applicable; ‘‘(2) is not practicable, including when the informa- tion is not available to the Administrator; ‘‘(3) is not in compliance with applicable law; ‘‘(4) would compromise national defense, homeland security or law enforcement activity; ‘‘(5) would be withheld pursuant to an exception of the [sic] section 552 of title 5, United States Code (commonly known as the ‘Freedom of Information Act’); or ‘‘(6) is otherwise contrary to the public interest. ‘‘(c) SUNSET.—This section will cease to be effective on the date that is the earlier of— ‘‘(1) the date of publication of a Notice of Proposed Rulemaking or guidance regarding remote identifica- tion standards under section 2202 of the FAA Exten- sion, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615 [629]) [49 U.S.C. 44802 note]; or ‘‘(2) September 30, 2023.’’ § 44802. Integration of civil unmanned aircraft systems into national airspace system (a) REQUIRED PLANNING FOR INTEGRATION.— (1) COMPREHENSIVE PLAN.—Not later than November 10, 2012,1 the Secretary of Transpor-