Sec. 351. UNMANNED AIRCRAFT SYSTEMS INTEGRATION PILOT PROGRAM
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## SEC. 351 UNMANNED AIRCRAFT SYSTEMS INTEGRATION PILOT PROGRAM **[**[49 U.S.C. 44802 note](/us/usc/t49/s44802)**]** ###
(a)Authority The Secretary of Transportation may establish a pilot program to enable enhanced drone operations as required in the October 25, 2017 Presidential Memorandum entitled “Unmanned Aircraft Systems Integration Pilot Program” and described in 82 Federal Register 50301. ###
(b)Applications The Secretary shall accept applications from State, local, and Tribal governments, in partnership with unmanned aircraft system operators and other private-sector stakeholders, to test and evaluate the integration of civil and public UAS operations into the low-altitude national airspace system. ###
(c)Objectives The purpose of the pilot program is to accelerate existing UAS integration plans by working to solve technical, regulatory, and policy challenges, while enabling advanced UAS operations in select areas subject to ongoing safety oversight and cooperation between the Federal Government and applicable State, local, or Tribal jurisdictions, in order to— ####
(1)accelerate the safe integration of UAS into the NAS by testing and validating new concepts of beyond visual line of sight operations in a controlled environment, focusing on detect and avoid technologies, command and control links, navigation, weather, and human factors; ####
(2)address ongoing concerns regarding the potential security and safety risks associated with UAS operating in close proximity to human beings and critical infrastructure by ensuring that operators communicate more effectively with Federal, State, local, and Tribal law enforcement to enable law enforcement to determine if a UAS operation poses such a risk; ####
(3)promote innovation in and development of the United States unmanned aviation industry, especially in sectors such as agriculture, emergency management, inspection, and transportation safety, in which there are significant public benefits to be gained from the deployment of UAS; and ####
(4)identify the most effective models of balancing local and national interests in UAS integration. ###
(d)Application Submission The Secretary shall establish application requirements and require applicants to include the following information: ####
(1)Identification of the airspace to be used, including shape files and altitudes. ####
(2)Description of the types of planned operations. ####
(3)Identification of stakeholder partners to test and evaluate planned operations. ####
(4)Identification of available infrastructure to support planned operations. ####
(5)Description of experience with UAS operations and regulations. ####
(6)Description of existing UAS operator and any other stakeholder partnerships and experience. ####
(7)Description of plans to address safety, security, competition, privacy concerns, and community outreach. ###
(e)Monitoring and Enforcement of Limitations ####
(1)In general Monitoring and enforcement of any limitations enacted pursuant to this pilot project shall be the responsibility of the jurisdiction. ####
(2)Savings provision Nothing in paragraph
(1)may be construed to prevent the Secretary from enforcing Federal law. ####
(3)Examples of limitations Limitations under this section may include— #####
(A)prohibiting flight during specified morning and evening rush hours or only permitting flight during specified hours such as daylight hours, sufficient to ensure reasonable airspace access; #####
(B)establishing designated take-off and landing zones, limiting operations over moving locations or fixed site public road and parks, sidewalks or private property based on zoning density, or other land use considerations; #####
(C)requiring notice to public safety or zoning or land use authorities before operating; and #####
(D)prohibiting operations in connection with community or sporting events that do not remain in one place (for example, parades and running events). ###
(f)Selection Criteria In making determinations, the Secretary shall evaluate whether applications meet or exceed the following criteria: ####
(1)Overall economic, geographic, and climatic diversity of the selected jurisdictions. ####
(2)Overall diversity of the proposed models of government involvement. ####
(3)Overall diversity of the UAS operations to be conducted. ####
(4)The location of critical infrastructure. ####
(5)The involvement of commercial entities in the proposal and their ability to advance objectives that may serve the public interest as a result of further integration of UAS into the NAS. ####
(6)The involvement of affected communities in, and their support for, participating in the pilot program. ####
(7)The commitment of the governments and UAS operators involved in the proposal to comply with requirements related to national defense, homeland security, and public safety and to address competition, privacy, and civil liberties concerns. ####
(8)The commitment of the governments and UAS operators involved in the proposal to achieve the following policy objectives: #####
(A)Promoting innovation and economic development. #####
(B)Enhancing transportation safety. #####
(C)Enhancing workplace safety. #####
(D)Improving emergency response and search and rescue functions. #####
(E)Using radio spectrum efficiently and competitively. ###
(g)Implementation The Secretary shall use the data collected and experience gained over the course of this pilot program to— ####
(1)identify and resolve technical challenges to UAS integration; ####
(2)address airspace use to safely and efficiently integrate all aircraft; ####
(3)inform operational standards and procedures to improve safety (for example, detect and avoid capabilities, navigation and altitude performance, and command and control link); ####
(4)inform FAA standards that reduce the need for waivers (for example, for operations over human beings, night operations, and beyond visual line of sight); and ####
(5)address competing interests regarding UAS operational expansion, safety, security, roles and responsibilities of non-Federal Government entities, and privacy issues. ###
(h)Notification Prior to initiating any additional rounds of agreements with State, local, or Tribal governments as part of the pilot program established under subsection (a), the Secretary shall notify the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations in the Senate. ###
(i)Sunset The pilot program established under subsection
(a)shall terminate 3 years after the date on which the memorandum referenced in subsection
(a)is signed by the President. ###
(j)Savings Clause Nothing in this section shall affect any proposals, selections, imposition of conditions, operations, or other decisions made— ####
(1)under the pilot program developed by the Secretary of Transportation pursuant to the Presidential memorandum titled “Unmanned Aircraft Systems Integration Pilot Program”, as published in the Federal Register on October 30, 2017 (82 Fed. Reg. 50301); and ####
(2)prior to the date of enactment of this Act. ###
(k)Definitions In this section: ####
(1)The term “Lead Applicant” means an eligible State, local or Tribal government that has submitted a timely application. ####
(2)The term “NAS” means the low-altitude national airspace system. ####
(3)The term “UAS” means unmanned aircraft system.
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- 82 FR 50301
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