Sec. 2124. Safety standards
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Chapter 448, as amended by section 2122 of this Act, is further amended by inserting after section 44802 the following: Not later than 60 days after the date of enactment of the Federal Aviation Administration Reauthorization Act of 2016 , the Director of the National Institute of Standards and Technology and the Administrator of the Federal Aviation Administration, in consultation with government and industry stakeholders and appropriate standards-setting organizations, shall initiate a collaborative process to develop risk-based, consensus industry airworthiness standards related to the safe integration of small unmanned aircraft systems into the national airspace system.
In developing the consensus aircraft safety standards, the Director and Administrator shall consider the following: Technologies or standards related to geographic limitations, altitude limitations, and sense and avoid capabilities. Using performance-based standards. Predetermined action to maintain safety in the event that a communications link between a small unmanned aircraft and its operator is lost or compromised. Detectability and identifiability to pilots, the Federal Aviation Administration, and air traffic controllers, as appropriate.
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. Remote identification capability standards under section 2105. How to update or modify a small unmanned aircraft system that was commercially distributed prior to the development of the standards so that, to the greatest extent practicable, such systems meet the standards.
Any technology or standard related to small unmanned aircraft systems that promotes aviation safety. In developing the consensus industry standards under subsection (a), the Director and Administrator shall consult with— the Administrator of the National Aeronautics and Space Administration; the President of RTCA, Inc.; the Secretary of Defense; each operator of a test site under section 44802; the Center of Excellence for Unmanned Aircraft Systems; unmanned aircraft systems stakeholders; and community-based aviation organizations.
Not later than 1 year after the date of enactment of the Federal Aviation Administration Reauthorization Act of 2016 , the Administrator of the Federal Aviation Administration shall establish a process for the approval of small unmanned aircraft systems make and models based upon safety standards developed under subsection (a). The consensus safety standards developed under subsection
(a)shall allow the Administrator to approve small unmanned aircraft systems for operation within the national airspace system without requiring the type certification process in parts 21 and 23 of the Code of Federal Regulations. The standards for approval of small unmanned aircraft systems developed under this section shall set eligibility requirements for an airworthiness approval of a small unmanned aircraft system which shall include the following: An applicant must provide the FAA with— the aircraft's operating instructions; and the manufacturer's statement of compliance as described in paragraph
(e)of this section. A sample aircraft must be inspected by the Federal Aviation Administration and found to be in a condition for safe operation and in compliance with the standards required by the Administrator in subsection (d). The manufacturer's statement of compliance required in subsection (e)(1)(B) shall— identify the aircraft make and model, and consensus standard used; state that the aircraft make and model meets the provisions of the identified consensus standard; state that the aircraft make and model conforms to the manufacturer's design data, using the manufacturer's quality assurance system that meets the identified consensus standard adopted by the Administrator in subsection (d), and is manufactured in way that ensures consistency in the production process so that every unit produced meets the applicable standards; state that the manufacturer will make available to any interested person— the aircraft's operating instructions, that meet the identified consensus standard; and the aircraft's maintenance and inspection procedures, that meet the identified consensus standard; state that the manufacturer will monitor and correct safety-of-flight issues through a continued airworthiness system that meets the identified consensus standard; state that at the request of the Administration, the manufacturer will provide access by the Administration to its facilities; and state that the manufacturer, in accordance with a production acceptance test procedure that meets an applicable consensus standard has— ground and flight tested random samples of the aircraft; found the sample aircraft performance acceptable; and determined that the make and model of aircraft is suitable for safe operation. It shall be unlawful for any person to introduce or deliver for introduction into interstate commerce any unmanned aircraft manufactured on or after the date that the Administrator adopts a relevant consensus standard under this section, unless the manufacturer has received approval under subsection
(d)for each make and model. . The table of contents for chapter 448, as amended by section 2122 of this Act, is further amended by inserting after the item relating to section 44802 the following: 44803. Aircraft safety standards. .