Sec. 813. UAS test ranges
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Chapter 448 of title 49, United States Code, is amended by striking section 44803 and inserting the following: The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system test ranges to— enable a broad variety of research, development, testing, and evaluation activities at the test ranges; and not later than 5 years after the date of enactment of the FAA Reauthorization Act of 2023, expand the number of test ranges, to the extent consistent with aviation safety and efficiency, for purposes of the safe integration of unmanned aircraft systems into the national airspace system.
Subject to subparagraph (B), the designations of test ranges under this section may include the following: The 7 test ranges established by the Administrator under 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, and pursuant to section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 40101 note), which, except for the eligibility factors as provided in paragraph
(3)of this section, shall each be subject to the requirements of this section. Two additional test ranges subject to the requirements of this section, which may be established by the Administrator through a competitive selection process after successful conversion of test ranges established prior to the date of enactment of the FAA Reauthorization Act of 2023 and at least 6 months of data sharing demonstrating safe operations and improved use of the test range consistent with any standard established by the Administrator through the selection process. Not more than 9 test ranges shall be designated under this section at any given time. An applicant shall be considered eligible for designation as a test range sponsor under paragraph (2)(A)(ii) based on the following criteria: The applicant shall be an instrumentality of a State, a local, tribal, or territorial government, or other public entity. The applicant shall be approved by the chief executive officer of the State, local, territorial, or tribal government for the applicant's principal place of business, prior to seeking designation by the Administrator. The applicant shall not have been selected previously by the Administrator to sponsor or host a test range covered by this section. The applicant shall undertake and ensure testing in innovative concepts, technologies, and operations that will offer new safety benefits, including expanding advanced research and developing and retaining an advanced aviation industrial base within the United States. The applicant shall meet any other requirements established by the Administrator in a competitive selection process. 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, pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of— accommodating hazardous research, development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or other activities authorized by the Administrator pursuant to subsection (f). 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 and adoption by the Federal Aviation Administration, with respect to any request for the establishment of a restricted area under this subsection. In the event a restricted area established under paragraph
(1)is not needed to meet the requirements of the using agency (as described in subparagraph (B)), the restricted area shall be inactive and revert to the controlling 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. The Administrator shall have the authority to approve access by a participating or nonparticipating operator to a test range or restricted area established by the Administrator under this subsection. 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, the National Aeronautics and Space Administration and the Department of Defense, as 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 the continued development of standards for integration of unmanned aircraft systems into the national airspace system; shall engage test range sponsors, as necessary and with available resources, in projects for research, development, testing, and evaluation of flight systems to facilitate the Federal Aviation Administration’s development of standards 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 by the manufacturer regarding any hazards or limitations on flight, including prohibition on flight as necessary; developing sense and avoid capabilities; developing technology to support communications, navigation, and surveillance; beyond visual line of sight (BVLOS) operations, nighttime operations, operations over people, operations involving multiple small unmanned aircraft systems, unmanned aircraft systems traffic management, or other critical research priorities; and improving privacy protections through the use of advances in unmanned aircraft systems; shall coordinate periodically with all test range sponsors to ensure the test range sponsors know which data should be collected, how data can be de-identified to flow more readily to the Federal Aviation Administration, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; and shall allow test range sponsors to receive Federal funding (including in-kind contributions), other than from the Federal Aviation Administration, from test range participants in furtherance of research, development, and testing objectives. 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. The sponsor of each test range designated by the Administrator under subsection
(a)shall do the following: Provide access to all interested private and public entities seeking to carry out research at the test range, 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 defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )). Maintain operational control for all testing activities conducted at its respective test range. Ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area covering the test range. Ensure any activity conducted at the designated test range is not conducted in a careless or reckless manner. Establish safe operating procedures for all operators approved for testing 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 activity at the test range and whether segregation of the airspace is required to contain the activity 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 research 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. Provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private research and development operations at the test ranges that contribute to the Federal Aviation Administration’s safe integration of unmanned aircraft systems into the national airspace system. The Administrator may authorize a sponsor of a test range designated under subsection
(a)to host research, development, 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; and the Administrator waives the requirements of section 44711 (including any related implementing regulations) to the extent the Administrator determines such waiver is consistent with aviation safety. The Administrator may use the transaction authority under section 106(l)(6), in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research related to unmanned aircraft systems, including at any test range designated under subsection (a). The Administrator, in carrying out research necessary to implement the consensus safety standards accepted under section 44805, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and the test ranges designated under subsection (a). Nothing in this section shall be construed as authorizing the research, development, testing, evaluation, or any other use of a system or technology for the detection or mitigation of unmanned aircraft systems (commonly referred to as counter-UAS ) 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 established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 ( and inserting 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 Administration as an unmanned aircraft system flight test center before January 1, 2009 the test ranges designated by the Administrator under section 44803 .
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