Sec. 376. PLAN FOR FULL OPERATIONAL CAPABILITY OF UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT
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## SEC. 376 PLAN FOR FULL OPERATIONAL CAPABILITY OF UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT **[**[49 U.S.C. 44802 note](/us/usc/t49/s44802)**]** ###
(a)In General In conjunction with completing the requirements of section 2208 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note), subject to subsection
(b)of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration, and in consultation with unmanned aircraft systems industry stakeholders, shall develop a plan to allow for the implementation of unmanned aircraft systems traffic management
(UTM)services that expand operations beyond visual line of sight, have full operational capability, and ensure the safety and security of all aircraft. ###
(b)Completion of UTM System Pilot Program The Administrator shall ensure that the UTM system pilot program, as established in section 2208 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note), is conducted to meet the following objectives of a comprehensive UTM system by the conclusion of the pilot program: ####
(1)In cooperation with the National Aeronautics and Space Administration and manned and unmanned aircraft industry stakeholders, allow testing of unmanned aircraft operations, of increasing volumes and density, in airspace above test ranges, as such term is defined in section 44801 of title 49, United States Code, as well as other sites determined by the Administrator to be suitable for UTM testing, including those locations selected under the pilot program required in the October 25, 2017, Presidential Memorandum entitled, “Unmanned Aircraft Systems Integration Pilot Program” and described in 82 Federal Register 50301. ####
(2)Permit the testing of various remote identification and tracking technologies evaluated by the Unmanned Aircraft Systems Identification and Tracking Aviation Rulemaking Committee. ####
(3)Where the particular operational environment permits, permit blanket waiver authority to allow any unmanned aircraft approved by a UTM system pilot program selectee to be operated under conditions currently requiring a case-by-case waiver under part 107, title 14, Code of Federal Regulations, provided that any blanket waiver addresses risks to airborne objects as well as persons and property on the ground. ###
(c)Implementation Plan Contents The plan required by subsection
(a)shall— ####
(1)include the development of safety standards to permit, authorize, or allow the use of UTM services, which may include the demonstration and validation of such services at the test ranges, as defined in section 44801 of title 49, United States Code, or other sites as authorized by the Administrator; ####
(2)outline the roles and responsibilities of industry and government in establishing UTM services that allow applicants to conduct commercial and noncommercial operations, recognizing the primary private sector role in the development and implementation of the Low Altitude Authorization and Notification Capability and future expanded UTM services; ####
(3)include an assessment of various components required for necessary risk reduction and mitigation in relation to the use of UTM services, including— #####
(A)remote identification of both cooperative and non-cooperative unmanned aircraft systems in the national airspace system; #####
(B)deconfliction of cooperative unmanned aircraft systems in the national airspace system by such services; #####
(C)the manner in which the Federal Aviation Administration will conduct oversight of UTM systems, including interfaces between UTM service providers and air traffic control; #####
(D)the need for additional technologies to detect cooperative and non-cooperative aircraft; #####
(E)collaboration and coordination with air traffic control, or management services and technologies to ensure the safety oversight of manned and unmanned aircraft, including— ######
(i)the Federal Aviation Administration responsibilities to collect and disseminate relevant data to UTM service providers; and ######
(ii)data exchange protocols to share UAS operator intent, operational approvals, operational restraints, and other data necessary to ensure safety or security of the National Airspace System; #####
(F)the potential for UTM services to manage unmanned aircraft systems carrying either cargo, payload, or passengers, weighing more than 55 pounds, and operating at altitudes higher than 400 feet above ground level; and #####
(G)cybersecurity protections, data integrity, and national and homeland security benefits; and ####
(4)establish a process for— #####
(A)accepting applications for operation of UTM services in the national airspace system; #####
(B)setting the standards for independent private sector validation and verification that the standards for UTM services established pursuant to paragraph
(1)enabling operations beyond visual line of sight, have been met by applicants; and #####
(C)notifying the applicant, not later than 120 days after the Administrator receives a complete application, with a written approval, disapproval, or request to modify the application. ###
(d)Safety Standards In developing the safety standards in subsection (c)(1), the Administrator— ####
(1)shall require that UTM services help ensure the safety of unmanned aircraft and other aircraft operations that occur primarily or exclusively in airspace 400 feet above ground level and below, including operations conducted under a waiver issued pursuant to subpart D of part 107 of title 14, Code of Federal Regulations; ####
(2)shall consider, as appropriate— #####
(A)protection of persons and property on the ground; #####
(B)remote identification and tracking of aircraft; #####
(C)collision avoidance with respect to obstacles and non-cooperative aircraft; #####
(D)deconfliction of cooperative aircraft and integration of other relevant airspace considerations; #####
(E)right of way rules, inclusive of UAS operations; #####
(F)safe and reliable coordination between air traffic control and other systems operated in the national airspace system; #####
(G)detection of non-cooperative aircraft; #####
(H)geographic and local factors including but not limited to terrain, buildings and structures; #####
(I)aircraft equipage; and #####
(J)qualifications, if any, necessary to operate UTM services; and ####
(3)may establish temporary flight restrictions or other means available such as a certificate of waiver or authorization
(COA)for demonstration and validation of UTM services. ###
(e)Revocation The Administrator may revoke the permission, authorization, or approval for the operation of UTM services if the Administrator determines that the services or its operator are no longer in compliance with applicable safety standards. ###
(f)Low-risk Areas The Administrator shall establish expedited procedures for approval of UTM services operated in— ####
(1)airspace away from congested areas; or ####
(2)other airspace above areas in which operations of unmanned aircraft pose low risk, as determined by the Administrator. ###
(g)Consultation In carrying out this section, the Administrator shall consult with other Federal agencies, as appropriate. ###
(h)Sense of Congress It is the sense of Congress that, in developing the safety standards for UTM services, the Federal Aviation Administration shall consider ongoing research and development efforts on UTM services conducted by— ####
(1)the National Aeronautics and Space Administration in partnership with industry stakeholders; ####
(2)the UTM System pilot program required by section 2208 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note); and ####
(3)the participants in the pilot program required in the October 25, 2017, Presidential Memorandum entitled, “Unmanned Aircraft Systems Integration Pilot Program” and described in 82 Federal Register 50301. ###
(i)Deadline Not later than 1 year after the date of conclusion of the UTM pilot program established in section 2208 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note), the Administrator shall— ####
(1)complete the plan required by subsection (a); ####
(2)submit the plan to— #####
(A)the Committee on Commerce, Science, and Transportation of the Senate; and #####
(B)the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives; and ####
(3)publish the plan on a publicly accessible Internet website of the Federal Aviation Administration.
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Sec. 376
PLAN FOR FULL OPERATIONAL CAPABILITY OF UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT
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