§ 2209. APPLICATIONS FOR DESIGNATION.
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/usc/title-49/section-2209A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Applications for Designation .— Not later than 180 days after the date of enactment of this Act [ July 15, 2016 ], the Secretary of Transportation shall establish a process to allow applicants to petition the Administrator of the Federal Aviation Administration to prohibit or restrict, including temporarily, the operation of an unmanned aircraft in close proximity to a fixed site facility. Review Process.— Application procedures.— In general .— The Administrator shall establish the procedures for the application for designation under subsection (a).
Requirements .— The procedures shall allow operators or proprietors of fixed site facilities to apply for designation individually or collectively. Considerations .— Only the following may be considered fixed site facilities: Critical infrastructure, such as energy production, transmission, distribution facilities and equipment, and railroad facilities. Oil refineries and chemical facilities. Amusement parks. State prisons. Determination.— In general .— The Secretary shall provide for a determination under the review process established under subsection
(a)not later than 90 days after the date of application, unless the applicant is provided with written notice describing the reason for the delay. Affirmative designations .— An affirmative designation shall outline— the boundaries for unmanned aircraft operation near the fixed site facility; and such other limitations that the Administrator determines may be appropriate. Considerations .— In making a determination whether to grant or deny an application for a designation, the Administrator may consider— aviation safety; protection of persons and property on the ground; national security; or homeland security. Opportunity for resubmission .— If an application is denied, and the applicant can reasonably address the reason for the denial, the Administrator may allow the applicant to reapply for designation. Public Information .— Designations under subsection
(a)shall be published by the Federal Aviation Administration on a publicly accessible website. Savings Clause .— Nothing in this section may be construed as prohibiting the Administrator from authorizing operation of an aircraft, including an unmanned aircraft system, over, under, or within a specified distance from that fixed site facility designated under subsection (b). Deadlines.— Not later than March 31, 2019 , the Administrator shall publish a notice of proposed rulemaking to carry out the requirements of this section. Not later than 12 months after publishing the notice of proposed rulemaking under paragraph (1), the Administrator shall issue a final rule. Deadlines.— Not later than 90 days after the date of enactment of the FAA Reauthorization Act of 2024 [ May 16, 2024 ], the Administrator shall publish a notice of proposed rulemaking to carry out the requirements of this section. Not later than 16 months after publishing the notice of proposed rulemaking under paragraph (1), the Administrator shall issue a final rule based on the notice of proposed rulemaking published under paragraph (1). Definition of State Prison .— In this section, the term ‘State prison’ means an institution under State jurisdiction, including a State Department of Corrections, the primary use of which is for the confinement of individuals convicted of a felony.
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§ 2209
APPLICATIONS FOR DESIGNATION.
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