49 U.S.C. § 44803

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 44803 - Unmanned aircraft system test ranges

(a) TEST RANGES.-

(1) IN GENERAL.-The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system (in this section referred to as UAS) test ranges to-

(A) enable a broad variety of development, testing, and evaluation activities related to UAS and associated technologies; and

(B) the extent consistent with aviation safety and efficiency, support the safe integration of unmanned aircraft systems into the national airspace system.

(2) DESIGNATIONS.-

(A) EXISTING TEST RANGES.-Test ranges designated under this section shall include the 7 test ranges established under the following:

(i) Section 332(c) of the FAA Modernization 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 (Public Law 115-254).

(ii) Any other test ranges designated pursuant to the amendment made by section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note) after the date of enactment of such Act.

(B) NEW TEST RANGES.-If the Administrator finds that it is in the best interest of enabling safe UAS integration into the national airspace system, the Administrator may select and designate as a test range under this section up to 2 additional test ranges in accordance with the requirements of this section through a competitive selection process.

(C) LIMITATION.-Not more than 9 test ranges designated under this section shall be part of the program established under this section at any given time.

(3) ELIGIBILITY.-Test ranges selected by the Administrator pursuant to (2)(B) shall-

(A) be an instrumentality of a State, local, Tribal, or territorial government or other public entity;

(B) be approved by the chief executive officer of the State, local, territorial, or Tribal government for the principal place of business of the applicant, prior to seeking designation by the Administrator;

(C) undertake and ensure testing and evaluation of innovative concepts, technologies, and operations that will offer new safety benefits, including developing and retaining an advanced aviation industrial base within the United States; and

(D) meet any other requirements established by the Administrator.

(b) AIRSPACE REQUIREMENTS.-

(1) IN GENERAL.-In carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, special use airspace, or other similar type of airspace pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of-

(A) accommodating hazardous development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or

(B) other activities authorized by the Administrator pursuant to subsection (f).

(2) NEPA REVIEW.-The Administrator may require that each test range sponsor designated by the Administrator under subsection (a) provide a draft environmental review consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), subject to the supervision of and adoption by the Administrator, with respect to any request for the establishment of a restricted area, special use airspace, or other similar type of airspace under this subsection.

(3) INACTIVE RESTRICTED AREA OR SPECIAL USE AIRSPACE.-

(A) IN GENERAL.-In the event a restricted area, special use airspace, or other similar type of airspace established under paragraph (1) is not needed to meet the needs of the using agency (as described in subparagraph (B)), any related airspace restrictions, limitations, or designations shall be inactive.

(B) USING AGENCY.-For purposes of this subsection, a test range sponsor designated by the Administrator under subsection (a) shall be considered the using agency with respect to a restricted area established by the Administrator under this subsection.

(4) APPROVAL AUTHORITY.-The Administrator shall have the authority to approve access by a participating or nonparticipating operator to a test range or restricted area, special use airspace, or other similar type of airspace established by the Administrator under this subsection.

(c) PROGRAM REQUIREMENTS.-In carrying out the program under subsection (a), the Administrator-

(1) may develop operational standards and air traffic requirements for flight operations at test ranges;

(2) shall coordinate with, and leverage the resources of, the Administrator of the National Aeronautics and Space Administration and other relevant Federal agencies, as determined appropriate by the Administrator;

(3) shall address both civil and public aircraft operations;

(4) shall provide for verification of the safety of flight systems and related navigation procedures as such systems and procedures relate to the continued development of regulations and standards for integration of unmanned aircraft systems into the national airspace system;

(5) shall engage test range sponsors, as necessary and with available resources, in projects for development, testing, and evaluation of flight systems, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, to facilitate the development of regulations and the validation of standards by the Administrator for the safe integration of unmanned aircraft systems into the national airspace system, which may include activities related to-

(A) developing and enforcing geographic and altitude limitations;

(B) providing for alerts regarding any hazards or limitations on flight, including prohibition on flight, as necessary;

(C) developing or validating sense and avoid capabilities;

(D) developing or validating technology to support communications, navigation, and surveillance;

(E) testing or validating operational concepts and technologies related to beyond visual line of sight operations, autonomous operations, nighttime operations, operations over people, operations involving multiple unmanned aircraft systems by a single pilot or operator, and unmanned aircraft systems traffic management capabilities or services;

(F) improving privacy protections through the use of advances in unmanned aircraft systems;

(G) conducting counter-UAS testing capabilities, with the approval of the Administrator; and

(H) other relevant topics for which development, testing or evaluation are needed;

(6) shall develop data sharing and collection requirements for test ranges to support the unmanned aircraft systems integration efforts of the Administration and coordinate periodically with all test range sponsors to ensure the test range sponsors know-

(A) what data should be collected;

(B) how data can be de-identified to flow more readily to the Administration;

(C) what procedures should be followed; and

(D) what development, testing, and evaluation would advance efforts to safely integrate unmanned aircraft systems into the national airspace system;

(7) shall allow test range sponsors to receive Federal funding, including in-kind contributions, other than from the Federal Aviation Administration, in furtherance of research, development, testing, and evaluation objectives; and

(8) shall use modeling and simulation tools to assist in the testing, evaluation, verification, and validation of unmanned aircraft systems.

(d) EXEMPTION.-Except as provided in subsection (f), the requirements of section 44711, including any related implementing regulations, shall not apply to persons approved by the test range sponsor for operation at a test range designated by the Administrator under this section.

(e) RESPONSIBILITIES OF TEST RANGE SPONSORS.-The sponsor of each test range designated by the Administrator under subsection (a) shall-

(1) provide access to all interested private and public entities seeking to carry out research, development, testing and evaluation activities at the test range designated pursuant to this section, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as such term is defined in section 3 of the Small Business Act (15 U.S.C. 632));

(2) ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area, special use airspace, or other similar type of airspace covering the test range;

(3) ensure no activity is conducted at the designated test range in a careless or reckless manner;

(4) establish safe operating procedures for all operators approved for activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator;

(5) exercise direct oversight of all operations conducted at the test range;

(6) consult with the Administrator on the nature of planned activities at the test range and whether temporary segregation of the airspace is required to contain such activities consistent with aviation safety;

(7) protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range;

(8) maintain detailed records of all ongoing and completed activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor;

(9) make all original records available for inspection upon request by the Administrator; and

(10) provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private development, testing, and evaluation activities at the test ranges to contribute to the safe integration of unmanned aircraft systems into the national airspace system.

(f) TESTING.-

(1) IN GENERAL.-The Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, as appropriate, other than activities directly related to the integration of unmanned aircraft systems into the national airspace system, so long as the activity is necessary to inform the development of regulations, standards, or policy for integrating new types of flight systems into the national airspace system.

(2) WAIVER.- In carrying out this section, the Administrator may waive the requirements of section 44711 (including any related implementing regulations) to the extent the Administrator determines such waiver is consistent with aviation safety.

(g) COLLABORATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.-The Administrator may use the transaction authority under section 106(l)(6), including in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research, development, testing, and evaluation related to unmanned aircraft systems, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, as appropriate, at any test range designated under subsection (a).

(h) AUTHORIZATION OF APPROPRIATIONS.-

(1) ESTABLISHMENT.-Out of amounts authorized to be appropriated under section 106(k), $6,000,000 for each of fiscal years 2025 through 2028, shall be available to the Administrator for the purposes of-

(A) providing matching funds to commercial entities that contract with a UAS test range to demonstrate or validate technologies that the FAA considers essential to the safe integration of UAS into the national airspace system; and

(B) supporting or performing such demonstration and validation activities described in subparagraph (A) at a test range designated under the section.

(2) DISBURSEMENT.-Funding provided under this subsection shall be divided evenly among all UAS test ranges designated under this section, for the purpose of providing matching funds to commercial entities described in paragraph (1) and available until expended.

(i) TERMINATION.-The program under this section shall terminate on September 30, 2028.

49 U.S.C. § 44803

Added Pub. L. 118-63, title IX, §925(a), May 16, 2024, 138 Stat. 1356.

EDITORIAL NOTES

REFERENCES IN TEXTSection 332(c) of the FAA Modernization and Reform Act of 2012, referred to in subsec. (a)(2)(A)(i), is section 332(c) of Pub. L. 112-95 which is set out as a note under section 40101 of this title.The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (a)(2)(A)(i), is the date of enactment of Pub. L. 115-254 which was approved Oct. 5, 2018.Section 2201(b) of the FAA Extension, Safety, and Security Act of 2016, referred to in subsec. (a)(2)(A)(ii), is section 2201(b) of Pub. L. 114-190 which is set out as a note under section 40101 of this title.the date of enactment of such Act, referred to in subsec. (a)(2)(A)(ii), is the date of enactment of Pub. L. 114-190 which was approved July 15, 2016.The National Environmental Policy Act of 1969, referred to in subsec. (b)(2), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.Section 1042 of the FAA Reauthorization Act of 2024, referred to in subsecs. (c)(5), (f)(1), and (g), is section 1042 of subtitle B of title X of Pub. L. 118-63 138 Stat. 1407, which is set out in a note under section 40101 of this title.

PRIOR PROVISIONSA prior section 44803, added Pub. L. 115-254, div. B, title III, §343(a), Oct. 5, 2018, 132 Stat. 3288; amended Pub. L. 118-15, div. B, title II, §2202(b), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118-34, title I, §102(b), Dec. 26, 2023, 137 Stat. 1113; Pub. L. 118-41, title I, §102(b), Mar. 8, 2024, 138 Stat. 21, related to unmanned aircraft test ranges, prior to repeal by Pub. L. 118-63, title IX, §925(a), May 16, 2024, 138 Stat. 1355.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EXPANDING USE OF INNOVATIVE TECHNOLOGIES IN THE GULF OF MEXICO Pub. L. 118-63, title IX, §937, May 16, 2024, 138 Stat. 1374, provided that:"(a) IN GENERAL.-The Administrator [of the Federal Aviation Admninistration] shall prioritize the authorization of an eligible UAS test range sponsor partnering with an eligible airport authority to achieve the goals specified in subsection (b). "(b) GOALS.-The goals of a partnership authorized pursuant to subsection (a) shall be to test the operations of innovative technologies in both commercial and non-commercial applications, consistent with existing law, to-"(1) identify challenges associated with aviation operations over large bodies of water;"(2) provide transportation of cargo and passengers to offshore energy infrastructure;"(3) assess the impacts of operations in saltwater environments;"(4) identify the challenges of integrating such technologies in complex airspace, including with commercial rotorcraft; and"(5) identify the differences between coordinating with Federal air traffic control towers and towers operated under the FAA [Federal Aviation Administration] Contract Tower Program. "(c) BRIEFING TO CONGRESS.-The Administrator shall provide an annual briefing 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] on the status of the partnership authorized under this section, including detailing any barriers to the commercialization of innovative technologies in the Gulf of Mexico."(d) DEFINITIONS.-In this section: "(1) ELIGIBLE AIRPORT AUTHORITY.-The term 'eligible airport authority' means an AIP-eligible airport authority that is-"(A) located in a state bordering the Gulf of Mexico which does not already contain a UAS Test Range;"(B) has an air traffic control tower operated under the FAA Contract Tower Program;"(C) is located within 60 miles of a port; and"(D) does not have any scheduled passenger airline service as of the date of the enactment of this Act [May 16, 2024]."(2) INNOVATIVE TECHNOLOGIES.-The term 'innovative technologies' means unmanned aircraft systems and powered-lift aircraft."(3) UAS.-The term 'UAS' means an unmanned aircraft system."[For definition of "unmanned aircraft system" as used in section 937 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.]