Sec. 1093. Dynamic airspace pilot program
667 words·~3 min read·
/bill/117/hr/7776/eah/section-1093·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 90 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with the Secretary of Defense, shall establish a pilot program for the purpose of developing, testing, and assessing dynamic scheduling and management of special activity airspace in order to accommodate emerging military testing and training requirements, including— special activity airspace for use by the Department of Defense for emerging military testing and training requirements of infrequent or limited durations; and streamlining the process for the Department of Defense to request the designation of special activity airspace for activities described in subparagraph (A).
Under the pilot program established under paragraph (1), the Administrator and the Secretary shall jointly test not less than two use cases concerning temporary or permanent special activity airspace established by the Federal Aviation Administration for use by the Department of Defense that develop, test, and assess— the availability of such airspace on an infrequent or limited duration necessary to accommodate the Department of Defense's emerging military testing and training requirements; and whether the processes for the Department of Defense to request special activity airspace for infrequent or limited duration military testing and training events meet Department of Defense testing and training requirements.
The pilot program established by subsection
(a)shall not interfere with— the public’s right of transit consistent with national security; the use of airspace necessary to ensure the safety of aircraft within the National Airspace System; the use of airspace necessary to ensure the efficient use of the National Airspace System; and Department of Defense use of special activity airspace that is established through means other than the pilot program established by subsection (a). Not later than two years after the date of the establishment of the pilot program under subsection (a)(1), the Administrator shall submit to the appropriate committees of Congress a report on the interim findings of the Administrator with respect to the pilot program. The report submitted under paragraph
(1)shall include an analysis of the following: How the pilot program established under subsection (a)(1) affected policies on establishing and scheduling special activity airspace with an emphasis on the impact of allocation and utilization policies to other nonparticipating aviation users of the National Airspace System. Whether the streamlined processes for dynamic scheduling and management of special activity airspace involved in the pilot program established under subsection (a)(1) contributed to— the public’s right of transit consistent with national security; the use of airspace necessary to ensure the safety of aircraft within the National Airspace System; and the use of airspace necessary to ensure the efficient use of the National Airspace System. Not later than two years after the date of the establishment of the pilot program under subsection (a)(1), the Secretary shall submit to the appropriate committees of Congress a report on the interim findings of the Secretary with respect to the pilot program. Such report shall include an analysis of how the pilot program affected military testing and training. In this section: The term appropriate committees of Congress means— the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. The term special activity airspace means the following airspace with defined dimensions within the National Airspace System wherein limitations may be imposed upon aircraft operations: Restricted areas. Military operations areas. Air traffic control assigned airspace. Warning areas. The term use cases means a compendium of airspace utilization data collected from the development, testing, and assessment conducted under subsection (a)(1), and other test points or metrics as agreed to by the Administrator and the Secretary, within a specific geographic region as determined by the Administrator and Secretary. The pilot program under subsection (a)(1) shall continue for not more than three years after the date on which it is established.