Sec. 602. Unmanned aircraft system test ranges
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Section 44803 of title 49, United States Code, is amended to read as follows: The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program to enable a broad variety of testing and evaluation activities at unmanned aircraft system test ranges, as in effect on the day before the date of enactment of the Securing Growth and Robust Leadership in American Aviation Act , to the extent consistent with aviation safety and efficiency, and for purposes of the safe integration of unmanned aircraft systems into the national airspace system.
In carrying out the program under subsection (a)— the Administrator may establish nonregulatory special use airspace areas upon the request of a test range sponsor selected by the Administrator under subsection (a), for purposes of accommodating hazardous testing and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system, or for purposes of other activities authorized by the Administrator under subsection (g); each selected test range sponsor for a designated test range shall be considered the using agency for purposes of the respective nonregulatory special use airspace areas established by the Administrator under this section; and the Administrator may require that each selected test range sponsor for a designated test range 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 and adoption of the Administrator, with respect to any request for the establishment of a nonregulatory special use airspace area under this section.
In carrying out the program under subsection (a), the Administrator— may develop operational standards and air traffic requirements for flight operations at test ranges; shall coordinate with, and leverage the resources of, other Federal agencies, as the Administrator considers appropriate; shall address both civil and public aircraft operations; shall provide for verification of the safety of flight systems and related navigation procedures as it relates to continued development of standards for integration into the national airspace system; shall engage test range sponsors, as necessary and within available resources, in projects for testing and evaluation of flight systems to facilitate the validation of standards by the Administration for the safe integration of unmanned aircraft systems into the national airspace system, which may include solutions for— developing and enforcing geographic and altitude limitations; providing for alerts regarding any hazards or limitations on flight, including prohibitions on flight; sense and avoid capabilities; technology to support communications, navigation, and surveillance; unmanned aircraft system operations beyond visual line of sight, at nighttime, or over people; operation of multiple unmanned aircraft systems by a single remote pilot; unmanned aircraft systems traffic management capabilities or services; counter unmanned aircraft system capabilities; improving privacy protections through the use of advances in unmanned aircraft systems; and other critical priority areas for which testing and evaluation is needed. shall coordinate periodically with all test range sponsors to ensure test range sponsors know which data should be collected, how data can be de-identified to flow more readily to the Administration, what procedures should be followed, and what testing and evaluations would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; and shall allow test range sponsors to receive Federal funding, other than from the Federal Aviation Administration, including in-kind contributions, from test range participants in the furtherance of testing and evaluation objectives.
Except as provided in subsection (g), the requirements of section 44711, including related implementing regulations, shall not apply to persons approved by the test range sponsor for operation at a designated test range under this section. The sponsor of each test range under subsection
(a)shall— provide access to all interested private and public entities seeking to carry out 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 that term is described in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ); ensure all activities remain within the geographical boundaries and altitude limitations established for the nonregulatory special use airspace area covering the test range; ensure no activity is conducted at the designated test range in a careless or reckless manner; 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; exercise direct oversight of all operations conducted at the test range; consult with the Administrator on the nature of planned activities at the test range and whether temporary segregation through the use of a nonregulatory special use airspace area is required to contain such activities is consistent with aviation safety; protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range; maintain detailed records of all ongoing and completed testing and evaluation 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; make all original records available for inspection upon request by the Administrator; and provide recommendations to the Administrator to further enable public and private testing and evaluation activities at the test ranges that contribute to the safe integration of unmanned aircraft systems by the Administration into the national airspace system, on a quarterly basis until the program terminates. The Administrator may authorize a sponsor of a test range designated under subsection
(a)to host testing and evaluation activities other than those directly related to the integration of unmanned aircraft systems into the national airspace system, provided that the activity is necessary to inform the development of standards or policy for integrating new types of flight systems into the national airspace system. In carrying out this subsection, the Administrator may waive the requirements of section 44711, including related regulations, to the extent consistent with aviation safety. The Administrator may use the transaction authority under section 106(l)(6) to enter into appropriate agreements to direct testing and evaluation activities related to unmanned aircraft systems at any test range designated under subsection (a). The program under this section shall terminate on September 30, 2028. . Section 44801(10) of title 49, United States Code, is amended by striking any of the 6 test ranges and all that follows through January 1, 2009 and inserting the test ranges established by the Administrator under section 44803 .
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